State of Kerala v. Manager, Scholar E.M School
Case brief
What is this about?
The High Court of Kerala interpreted the applicability of the Right of Children to Free and Compulsory Education Act, 2009 to minority and non-minority institutions. The Court held that the RTE Act does not apply to minority institutions (aided or unaided), as applying the recognition mandate violates Article 30(1). While minority schools need not obtain RTE recognition, they must secure affiliation from recognized boards to facilitate progression to higher levels. For non-minority institutions, the Act applies fully. The Court struck down the State's power to reject recognition based on 'educational saturation' as ultra vires the Act and Constitution, reading down the relevant Rules to prevent such rejections. The petitioner appeals were allowed, while the State's appeals were dismissed.
What did the court decide?
Provisions in the Kerala RTE Rules requiring assessment of educational need were read down. The RTE Act does not apply to unaided minority institutions; however, they must secure Board affiliation for progression. Non-minority institutions must comply with RTE provisions and obtain recognition. Appeals by minority institutions allowed; appeals by the State rejected.