Case Note & Summary
The petitioners, including a federation of minority education institutions and several individual institutions, challenged the rejection of their proposals to start minority unaided primary English schools. The rejection was based on a Government Circular dated 30 August 2013, which stated that proposals under an earlier circular dated 28 May 2010 would not be considered because the RTE Act, 2009 had come into force. The petitioners argued that the Supreme Court in Pramati Educational and Cultural Trust v. Union of India had held that the RTE Act does not apply to minority educational institutions. The court noted that the State's affidavit did not address this decision, which was delivered after the affidavit was filed. The court allowed the petition, quashed the impugned communications, and directed the State to consider the proposals afresh in accordance with the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012, excluding the provisions of the RTE Act.
Headnote
A) Education Law - Minority Educational Institutions - Applicability of RTE Act - The issue was whether proposals for establishing minority unaided primary schools could be rejected based on a Government Circular that relied on the RTE Act, 2009. The court held that in light of the Supreme Court's decision in Pramati Educational and Cultural Trust, the RTE Act does not apply to minority educational institutions, and therefore the proposals must be considered under the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012, excluding RTE provisions. (Paras 3-5)
Issue of Consideration
Whether the proposals submitted by minority educational institutions for commencing unaided primary English schools can be rejected on the ground that the RTE Act, 2009 applies, despite the Supreme Court's decision in Pramati Educational and Cultural Trust holding that RTE Act does not apply to minority institutions.
Final Decision
The petition is allowed. The impugned communications dated 31 October 2013 and similar communications to other petitioners are quashed and set aside. The respondents are directed to consider the proposals submitted by petitioner nos. 2 to 12 afresh in accordance with the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012, after excluding the provisions of the Right of Children to Free and Compulsory Education Act, 2009, which have been referred to in the State Act of 2012. Rule is made absolute accordingly. No costs.
Law Points
- Right of Children to Free and Compulsory Education Act
- 2009 does not apply to minority educational institutions
- Maharashtra Self-financed Schools (Establishment and Regulation) Act
- 2012 governs minority unaided schools
- Proposals must be considered excluding RTE provisions
Case Details
2016 LawText (BOM) (09) 99
WRIT PETITION NO. 1595 OF 2014
Dr. Manjula Chellur, C. J., M. S. Sonak, J.
Mr. Sidheshwar Biradar i/b. Vitthal Devkhile for Petitioners, Mr. Nitin Deshpande – Addl. G.P. with Mr. Vishal Thadhani – AGP for Respondents
Federation of Linguistic & Religious Minority Education Institutions & Ors.
State of Maharashtra & Ors.
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Nature of Litigation
Writ petition challenging rejection of proposals for commencing minority unaided primary English schools.
Remedy Sought
Petitioners sought quashing of the rejection communications and direction to consider proposals afresh.
Filing Reason
Rejection of proposals based on Government Circular dated 30 August 2013 citing RTE Act, 2009.
Issues
Whether the RTE Act, 2009 applies to minority educational institutions.
Whether the State was justified in rejecting proposals based on the RTE Act.
Submissions/Arguments
Petitioners argued that the Supreme Court in Pramati Educational and Cultural Trust held that RTE Act does not apply to minority institutions, so proposals must be considered under the State Act of 2012 excluding RTE provisions.
State's affidavit did not address the Pramati decision as it was filed before the judgment.
Ratio Decidendi
The Right of Children to Free and Compulsory Education Act, 2009 does not apply to minority educational institutions as held by the Supreme Court in Pramati Educational and Cultural Trust. Therefore, proposals for establishing minority unaided primary schools cannot be rejected on the ground that the RTE Act applies. The State must consider such proposals under the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012, excluding RTE provisions.
Judgment Excerpts
The challenge in this petition is to the rejection of the proposals submitted by the petitioner nos. 2 to 12 for commencing a Minority Unaided Primary English School.
The communication dated 31 October 2013 makes reference to the Government Circular dated 30 August 2013, which clarifies that the proposals received in pursuance of the earlier circular dated 28 August 2010 will not be considered or will be rejected, since, the circular dated 28 May 2010 does not survive in view of the provisions of Right of Children to Free & Compulsory Education Act, 2009.
Mr. Sidheshwar Biradar, the learned counsel for the petitioners by relying upon the decision of the Hon'ble Supreme Court in the case of Pramati Educational and Cultural Trust (Registered) & Ors. vs. Union of India & Ors. submitted that the provisions of RTE are inapplicable to Minority Educational Institutions.
Procedural History
The petitioners filed Writ Petition No. 1595 of 2014 in the High Court of Judicature at Bombay challenging the rejection of their proposals. The court heard the matter and delivered judgment on 19 September 2016.
Acts & Sections
- Right of Children to Free and Compulsory Education Act, 2009:
- Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012:
