Supreme Court rejects plea to include religous schools under RTE

Petitioner had challenged sections in Act excluding vedic pathsalas, madrasas

February 11, 2022 08:00 pm | Updated 09:43 pm IST - NEW DELHI

A view of the Supreme Court of India. File

A view of the Supreme Court of India. File

The Supreme Court on Friday refused to intervene in a petition challenging sections of the Right to Education Act of 2009 which exclude vedic pathsalas , madrasas and institutions imparting religious education from its ambit.

A Bench led by Justice L. Nageswara Rao allowed the plea to be withdrawn, while giving the petitioner, advocate Ashwini Kumar Upadhyay, liberty to approach the High Court concerned.

Mr. Upadhyay argued that these provisions, introduced to the RTE Act in 2012, deprive "educational excellence" to these institutions. "Right of a child should not be restricted only to free education, but must be extended to have equal quality education without discrimination on the ground of child's social economic and cultural background. Therefore, the court may declare Sections 1(4) and 1(5) of the 2009 Act arbitrary and irrational," the plea said.

Mr. Upadhyay also sought a common syllabus and curriculum for children between classes one and eight across the country.

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