The Supreme Court issued a notice to the Central Government on a Right to Education petition seeking exemption for unaided educational institutions
New Delhi, Oct 8: The Supreme Court Monday issued notice to the Central Government on a petition seeking exemption for unaided educational institutions from earmarking 25 percent seats for students from the weaker sections of the society.
Unaided minority educational institutions are exempted from doing so under the Right to Education Act, 2009, which calls for reserving 25 percent seats for socially and economically backward sections of the society.
An apex court bench of Justice K.S. Radhakrishnan and Justice Dipak Misra issued the notice after senior counsel Mukul Rohtagi contended that Article 15(5) was ultra vires of the basic structure of the constitution as it discriminated between two similarly placed category of educational institutions on the basis of their minority and non-minority status.
Seeking that the matter on the constitutional vires of the Article 15(5) be examined by the atleast five judges constitution bench, Mr. Rohtagi said that the constitution envisages equal status for minority and majority.
It would be against the scheme of the constitution to put minority on a higher pedestal then the majority community. Mr. Rohtagi was assisted by counsel Govind Goel.
The court was told that the Article 145(3) of the constitution provides that a bench of atleast five judges could only hear a case involving the substantial question of law and the interpretation of the constitutional provisions or for hearing any presidential reference.