ValkyaEditorial

Tagged “section-12-1-c”

1 article on section-12-1-c.

Landmark JudgmentSupreme Court of India

Society for Unaided Private Schools of Rajasthan v. Union of India: the 2:1 RTE judgment, the 25% Section 12(1)(c) mandate and the first step of the minority exemption

On 12 April 2012, a 2:1 majority of the Supreme Court — Chief Justice S.H. Kapadia and Justice Swatanter Kumar — upheld the Right of Children to Free and Compulsory Education Act 2009, including the Section 12(1)(c) mandate that all recognised schools reserve 25% of Class I seats for children from disadvantaged groups and weaker sections. The majority itself carved out the exemption for private unaided minority schools, on the reasoning that the mandate would impair the Article 30(1) right. Justice K.S. Radhakrishnan dissented. The two-step minority exemption began here; Pramati (2014) completed it for aided minority schools.

Valkya Editorial··15 min