The Supreme Court recently agreed to consider a public interest litigation challenging the validity of Section 1(4)&(5) of the Right to Children to Free and Compulsory Education Act, 2009, which exempts minority institutions from its applicability.

As per Section 1(4), the application of the RTE Act will be subject to the rights of minorities guaranteed under Article 30 of the Constitution. As per Section 1(5), the Act does not apply to Madrasas, Vedic Pathsalas and educational institutions primarily imparting religious instruction.

The PIL has been filed by Pyare Zia Khan, who is the chairman of the Maharashtra State Minority Committee. He has argued that because the RTE Act doesn't apply to minority institutions, the Teachers' Eligibility Test(TET) also becomes inapplicable. The petitioner has prayed that the TET should be made mandatory and applicable to all schools under the RTE, irrespective of whether it is a minority school, Madrasas, Vedic Pathsalas or institutions imparting religious instruction.

A bench comprising Justice Dipankar Datta and Justice Sheel Nagu directed the matter to be tagged with Anjuman Ishaat-e-Taleem Trust v The State of Maharashtra & Ors, and placed before the Chief Justice's bench for appropriate orders.

In Anjuman, the bench doubted the correctness of Pramati Educational and Cultural Trust v. Union of India which held that RTE Act won't apply to minority educational institutions.

Case Details: PYARE ZIA KHAN v UNION OF INDIA & ORS|Writ Petition (Civil) No.924/2026

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Appearances: Sr. Adv. Firdos Mirza and AOR Shakul Rajesh Ghatole appeared for the Petitioner Pyare Khan.