Pramati Educational and Cultural Trusts vs Union of India

FACTS AND ISSUE

The case was a reference made by a three-Judge Bench to a Constitution Bench, arising from Society for Unaided Private Schools of Rajasthan v. Union of India. Both Article 15(5) (Special provision for advancement of SEBCs, SCs, and STs in educational institutions) and Article 21A (Right to free and compulsory education) were inserted by Parliament using its amending power under Article 368. The reference sought to test these amendments against the Basic Structure doctrine established in Kesavananda Bharati Sripadagalvaru v. State of Kerala.

ISSUE

The issue pertaining to the current scenario reflects: a) Whether by inserting clause (5) in Article 15 (by the Constitution (Ninety-third Amendment) Act, 2005), Parliament has altered the basic structure or framework of the Constitution. b) Whether by inserting Article 21A (by the Constitution (Eighty-Sixth Amendment) Act, 2002), Parliament has altered the basic structure or framework of the Constitution.

JUDGEMENT AND ANALYSIS

• Validity of Amendments: The court implicitly held that the insertion of Article 15(5) and Article 21A does not violate the Basic Structure of the Constitution.

• Applicability of Article 21A (RTE Act):

  • The court examined the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), enacted to effectuate Article 21A. The RTE Act required unaided private schools (non-minority) to admit 25% students from weaker sections.

  • The Hon'ble Court held that the aforementioned provision does not apply to minority schools, aided as well as unaided, in view of the special right under Article 30(1) (Right of minorities to establish and administer educational institutions).

  • Consequently, the earlier decision in Society for Unaided Private Schools of Rajasthan v. Union of India was overruled, at least for the minority institutions, to the extent it made the 25% quota applicable to them.

• Obligation of the State and Private Institutions:

  • It was observed that Article 21A casts an obligation only on the public institutions and not the private ones.

  • Further, the law made to effectuate Article 15(5) must provide compensation to the unaided institutions (for reserving seats for SEBCs/SCs/STs) so as not to violate Article 14 (Equality) and/or Article 19(1)(g) (Freedom of occupation).

{pg 984, 1284 Indian Constitutional Law} {pg 133 275 344 Constitution of India}