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Primary and Secondary Education – RTE, Education Policy, SEQI, RMSA, Committee Reports, etc.

RTE Act and Minority Educational Institutions

Prelims Only | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure

Why in the News?

The Supreme Court has referred to a larger Bench the question of whether Minority Educational Institutions (MEIs) are completely exempt from the purview of the Right to Education (RTE) Act, 2009.

About Minority Educational Institutions (MEIs):

  • Constitutional Basis:
    • Article 30(1) grants religious and linguistic minorities the right to establish and administer educational institutions of their choice.
    • Article 29 protects their cultural and educational rights.
  • Legal Framework:
    • Defined under the National Commission for Minority Educational Institutions (NCMEI) Act, 2004.
    • The NCMEI adjudicates disputes, grants recognition, and safeguards the autonomy of such institutions.
  • Recognized Minority Communities: Muslims, Christians, Sikhs, Buddhists, Jains, and Zoroastrians (Parsis) are notified as minorities by the Government of India.
  • Judicial Principles:
    • In T.M.A. Pai Foundation vs. State of Karnataka (2002), SC held that minority status is determined state-wise, not nationally.
    • Minority institutions can reserve seats for their community and enjoy greater control over administration and recruitment.
  • Purpose and Role:
    • Preserve the cultural, linguistic, and religious heritage of minority groups.
    • Provide quality education with constitutional protection from excessive state interference.

What is the Right to Education (RTE) Act, 2009?

  • Genesis: Stemming from Unnikrishnan vs. State of Andhra Pradesh (1993), where SC declared education as a Fundamental Right under Article 21.
    • Later given constitutional backing through the 86th Amendment Act (2002), which inserted Article 21A – free and compulsory education for children aged 6–14 years.
  • Enactment: To operationalize Article 21A, Parliament passed the Right of Children to Free and Compulsory Education Act, 2009.
  • Key Provisions:
    • Free and compulsory education for all children aged 6–14 in a neighbourhood school.
    • 25% reservation in private schools for children from disadvantaged groups and weaker sections.
    • No detention, expulsion, or board exams up to Class VIII (amended in 2019 to allow states discretion).
    • Teacher norms: TET (Teachers Eligibility Test) qualification mandatory; ban on private tuitions by teachers.
    • School Management Committees (SMCs): Parents, local authority reps, and teachers oversee school functioning.
    • Curriculum & Standards: Developed by an academic authority (often NCERT/SCERT).
  • Amendments:
    • 2012: Included children with disabilities; exempted minority/religious institutions.
    • 2019: Abolished uniform “no-detention policy,” left to states’ choice.

 

[UPSC 2018] Consider the following statements:

1. As per the Right to Education (RTE) Act, to be eligible for appointment as a teacher in a State, a person would be required to possess the minimum qualification laid down by the concerned State Council of Teacher Education.

2. As per the RTE Act, for teaching primary classes, a candidate is required to pass a Teacher Eligibility Test conducted in accordance with the National Council of Teacher Education guidelines.

3. In India, more than 90% of teacher education institutions are directly under the State Governments

Which of the statements given above is/are correct?

Options: (a) 1 and 2 (b) 2 only* (c) 1 and 3 (d) 3 only

 

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