ANJUMAN ISHAAT E TALEEM TRUST v. THE STATE OF MAHARASHTRA
Discusses constitutional interpretation, fundamental rights, and the balance between minority rights and the right to education.
Court: Supreme Court of India
Citation: 2025 INSC 1063
Decision Date: 01-09-2025
List of Laws
Constitution of India, 1949; The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act); The National Council for Teacher Education Act, 1993 (NCTE Act); General Principles of Law
- Constitution of India, 1949: Article 12: Discussed in the context of authorities claiming TET is mandatory for appointment of teachers in both minority and non-minority institutions. Article 14: Discussed in relation to reasonable classification and whether Section 12(1)(c) of the RTE Act meets the test of reasonable classification. Also, discussed in the context of whether the exemption from adhering to essential eligibility norms, i.e., the TET, would be an arbitrary classification. Further, discussed in the context of retrospective removal of right of promotion. Article 15: Discussed in relation to the validity of the Constitution (Ninety-third Amendment) Act, 2005 inserting clause (5) in Article 15. The validity of clause (5) of Article 15 was tested against the right enshrined under Article 19(1)(g). Articles 15(5), 15(6) and 21A must be treated as the trilogy of education rights. Article 15(5): Discussed in relation to the exemption granted to minorities. Article 16: Discussed in the context of retrospective removal of right of promotion. Article 19(1)(g): Discussed in relation to the fundamental rights of unaided educational institutions and whether the RTE Act infringes these rights. Also, discussed in relation to reasonable restrictions and the right to establish and administer educational institutions. The validity of clause (5) of Article 15 was then tested against the right enshrined under Article 19(1)(g). Article 19(6): Discussed in relation to reasonable restrictions and whether the regulatory framework under the RTE Act classifies as a reasonable restriction. Article 21: Discussed in relation to the right to life and personal liberty and the right to education. Article 21A: Discussed extensively as the constitutional basis for the right to education. The judgment traces the constitutional journey of Article 21A and the right to elementary education in India. It also discusses the relationship between Article 21A and the RTE Act. The validity of the Constitution (Eighty-sixth Amendment) Act, 2002, which inserted Article 21A to the Constitution of India, was considered. Article 29: Discussed in relation to the protection of interests of minorities. Article 29(2): Discussed in relation to denial of admission into educational institutions maintained by the State or receiving aid out of State funds. Article 30: Discussed extensively in relation to the rights of minorities to establish and administer educational institutions. The judgment considers whether Article 30(1) really envisages blanket immunity from all forms of regulation to minority institutions. Article 30(1): Discussed in relation to the rights of minorities to establish and administer educational institutions of their choice. Article 45: Discussed as a Directive Principle of State Policy initially recognizing elementary education. Article 51A(k): Discussed as a corresponding fundamental duty requiring parents and guardians to ensure educational opportunities for their children. Article 141: Discussed in the context of the law declared by the Supreme Court and its binding nature. Article 142: Discussed in the context of the powers of the Supreme Court to do complete justice. Article 309: Discussed in relation to the authority available to the State Government and its relationship to the NCTE Act.
- The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act): Section 1(4): Discussed in relation to the provisions of the RTE Act being subject to Articles 29 and 30 of the Constitution. Section 2(n): Discussed in relation to the definition of "school". Section 3: Affirms the right of a child between 6 and 14 years of age, to receive free and compulsory elementary education in a neighbourhood school. Section 12: Discussed in relation to the extent of school's responsibility for free and compulsory education. Section 12(1)(b): Read with Sections 2(n)(ii) provides imposes a similar obligation on aided private educational institutions. Section 12(1)(c): Read with Sections 2(n)(iii) and (iv) imposes an obligation on unaided private educational institutions, both minority and non-minority, to admit in Class I (and in pre-school, if available) at least 25% of their strength from among children covered under Sections 2(d) and 2(e). Discussed extensively in relation to minority institutions and the beginning of the conundrum. Section 23: Authorizes the Central Government to authorize an academic authority to lay down “minimum qualifications" for being eligible to be appointed as a teacher. Section 23(1): Discussed in relation to the qualifications for appointment and terms and conditions of service of teachers. Section 23(2): Discussed in relation to the RTE Act providing 9 years for the teachers to acquire such minimum qualifications. Section 29: Mandates that the curriculum and evaluation process for elementary education must be prescribed by an academic authority. Section 35(1): In exercise of powers under Section 35(1) of RTE Act, the Ministry of Human Resource Development, Government of India has issued guidelines.
- The National Council for Teacher Education Act, 1993 (NCTE Act): Section 1: Further, Section 1 was amended to include sub-section (4), which made the NCTE Act applicable to schools' imparting pre-primary, primary, upper-primary, secondary or senior secondary schools. Section 2: Section 2 was amended to include the definition of school which, among other things, included schools not receiving any aid or grants to meet whole or part of its expenses from a government or local authority. Section 12A: The NCTE Act was amended to insert Section 12A, which gave effect to Section 23 of the RTE Act, granting power to the Council to determine minimum standards of education of school teachers.
- General Principles of Law: The judgment discusses the principle of harmonious construction, particularly in the context of interpreting Article 21A in relation to Articles 19(1)(g) and 30(1) of the Constitution. It also discusses the concept of "obiter dicta" and its relevance in interpreting judgments of the Supreme Court. The judgment also touches upon the principle of reasonable classification under Article 14 of the Constitution.
🔒 For Members Only