Add thelocalreport.in As A Trusted Source
New Delhi, Oct 15 (IANS) A two-judge bench of the Supreme Court on Wednesday referred a public interest litigation (PIL) to the Chief Justice of India (CJI), seeking a direction to make the Teacher Eligibility Test (TET) mandatory for all schools providing education to children in the age group of 6-14 years, including minority institutions.
Noting that the petition raised important questions of law, a division bench of Justices Dipankar Datta and AG Masih referred the matter to the CJI, who is the master of the roster, noting that similar petitions had already been referred to a larger bench.
The petition argued that excluding minority-managed institutions from the scope of the RTE Act is a violation of the fundamental rights to equality and education enshrined in Articles 14, 15, 16, 21 and 21A of the Constitution.
The petition challenged Sections 1(4) and 1(5) of the Right to Education Act, 2009 (RTE Act), calling them “arbitrary, discriminatory and unconstitutional”.
“The right to education guaranteed under Article 21A implies equal quality of education. Therefore, excluding some schools from TET is against the golden goals of the Constitution,” the PIL argued.
The petitioner, Nitin Upadhyay, who is studying law at Delhi University, argued that Article 30, which protects the rights of minorities to establish and administer educational institutions, should be interpreted “purposively, not literally”.
“The purpose of Article 30 is to establish equality among all citizens and to place minorities on an equal footing,” the petition said, citing a recent Supreme Court judgment.
Citing the case Anjuman Ishaat-e-Taleem Trust vs State of Maharashtra, the PIL said a 2021 study by the National Commission for Protection of Child Rights (NCPCR) found that only 8.76 per cent of students in minority schools come from socially and economically disadvantaged groups.
The PIL prayed for a “common education system” and said that uniform implementation of TET would enhance educational quality and promote national interest.
“A common minimum education program for children up to 14 years of age will achieve a common code of culture, eliminate inequality and eliminate discriminatory values,” the petition argued.
The PIL sought a declaration that Sections 1(4) and 1(5) are void and inoperative for violating equality and education rights, and that schools providing both religious and secular education are covered under the provisions of the RTE Act.
–IANS
PDS/DPB