Analysis – SC Verdict: A Setback to Right to Education Act

Supreme Court has ruled that Right to Education Act mandating 25 per cent seats reserved for the economically disadvantaged in all schools will not apply to aided or unaided minority institutions. Five member Constitutional Bench headed by Chief Justice RM Lodha said that Article 21 (A) does not alter the basic structure of the Constitution. Federation of Public Schools, a conglomerate of over 350 private unaided schools, had argued that the law violated their right to run the schools sans government interference.

The ruling is going to make a big impact in Kerala; because more than 70 per cent of the aided and unaided schools in Kerala are run by religious minorities. Shri A Vinod, state convener of Save Education Forum, a Sangh parivar organisation, stated in a press release, that the SC verdict would defeat the spirit of Right to Education. It looks like union and Kerala state governments failed to counter the Public Interest Litigation filed with the hidden agenda of religious minorities. By welcoming the verdict Christian Church, Muslim Education Society, etc. have revealed their pseudo approach to the social justice and issues. Vinod added that the verdict would weaken the earlier rule for ‘mother tongue as them edium for primary education.

– T Satisan