Nagpur: The Supreme Court on Wednesday directed that a public interest litigation challenging the exemption granted to minority educational institutions under Right to Education (RTE) Act be tagged with a Constitution Bench matter already examining the validity of legal framework governing such exemptions.The PIL has been filed by Pyare Zia Khan, chairman of the Maharashtra State Minority Commission, through senior counsel Firdos Mirza and lawyer Shakul Rajesh Ghatole, challenging the constitutional validity of Sections 1(4) and 1(5) of the Right to Education Act, which exempt minority educational institutions from the Act’s applicability.The petition contended that because of this exemption, teachers appointed in minority institutions are also not required to qualify Teacher Eligibility Test (TET). It seeks a direction making TET mandatory for all institutions covered by the definition of schools under the RTE framework, including minority schools, madrasas, Vedic schools and other institutions imparting predominantly religious education.A Bench comprising Justices Dipankar Datta and Sheel Nagu directed the matter be heard along with Anjuman Ishaat-e-Taleem Trust versus State of Maharashtra, in which questions have been raised over correctness of the Supreme Court’s earlier ruling in the Pramati Educational and Cultural Trust case. That matter has already been referred to a larger Constitution Bench.The Supreme Court has not expressed any opinion on the merits of the challenge. The constitutional issues raised in the petition will now be also considered along with the pending Constitution Bench proceedings.
