Minority Institutions vs Right to Education

Date:- 01.09.2025

Case:- ANJUMAN ISHAAT-E-TALEEM TRUST vs. THE STATE OF MAHARASHTRA & OTHERS

Citation:- 2025 INSC 1063

Bench:- Justice Dipankar Datta, Justice Manmohan

 

The Hon’ble Supreme Court expressed doubt over the correctness of the 2014 Pramati Educational & Cultural Trust judgment delivered by a 5-judge Constitution Bench insofar as it held that the Right of Children to Free and Compulsory Education, 2009 (“RTE Act”) exempts minority schools, whether aid or unaided, under the purview of the RTE Act.

 

Key Takeaways:

  • The Hon’ble Supreme Court doubted the 2014 Pramati Educational & Cultural Trust judgment that exempted minority schools from the RTE Act.
  • The Hon’ble Court said Right to Education can apply to minority schools without harming their rights.
  • Teacher Eligibility Test (TET) made mandatory for all teachers seeking appointment or promotion.
  • Teachers with less than 5 years left need not pass the TET, unless for promotion.
  • Teachers with more than 5 years left must clear TET within 2 years or face compulsory retirement.
  • Until a larger bench decides, TET won’t apply to minority schools.
  • Referred matter to CJI for possible larger bench review.

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