HC: RTE not applicable to minority institutions

The Bombay high court recently held that the Right to Education (RTE) is not applicable to minority institutions. Making a detailed analysis of the two legislations, the HC held that the rights of minority educational institutions were safeguarded by the constitution. The court superseded the right to education act and said that a minority institution could not be forced to admit a student. The order could impact adversely upon students and parents as most education institutes in Mumbai have either religious or linguistic minority status.

The HC, however, held the state responsible for the admission of the student and directed it to admit the student in a school near her house. The order was issued while hearing a petition wherein a girl was denied readmission to a minority school after remaining absent for seven months.

A division bench was hearing a writ petition filed by Dr Vikas Motewar.