PRAMATI EDUCATIONAL & CULTURAL TRUST ® & ORS. versus UNION OF INDIA & ORS.

PRAMATI EDUCATIONAL & CULTURAL TRUST ® & ORS. versus UNION OF INDIA & ORS.

Article 15(5) and Article 21A are constitutionally valid and do not alter the basic structure or abrogate rights under Articles 14, 19(1)(g), and 21; the Right to Education Act, 2009 is valid for non-minority private unaided schools but ultra vires the Constitution insofar as it applies to minority schools covered...

Source-derived case information.

Parties
Petitioner: Pramati Educational & Cultural Trust®; Respondent: Union of India
Jurisdiction
India
Judgment Date
06 May 2014
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
Majority judgment: 2009 Act valid for non-minority private unaided schools and ultra vires as applied to minority schools; Writ petitions by non-minority schools dismissed, petition by Muslim Minority Schools' Association allowed.
Legal Topics
Validity of Constitutional Amendments, Right to Education, Minority Rights, Equality Under Law, Restrictions on Private Education Institutions
Constitutional Law Education Law Validity of Constitutional Amendments Right to Education Minority Rights Equality Under Law Restrictions on Private Education Institutions

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 21 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Pramati Educational & Cultural Trust®

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether Article 15(5) inserted by the Constitution (Ninety-Third Amendment) Act, 2005 violates the basic structure of the Constitution and rights under Articles 14, 19(1)(g), and 21
  2. 2 Whether Article 21A inserted by the Constitution (Eighty-Sixth Amendment) Act, 2002 alters the basic structure or abrogates rights under Articles 19(1)(g) and 30(1)
  3. 3 Whether the Right of Children to Free and Compulsory Education Act, 2009, is constitutionally valid as applied to private unaided and minority educational institutions

Ratio Decidendi

Article 15(5) and Article 21A are constitutionally valid and do not alter the basic structure or abrogate rights under Articles 14, 19(1)(g), and 21; the Right to Education Act, 2009 is valid for non-minority private unaided schools but ultra vires the Constitution insofar as it applies to minority schools covered under Article 30(1).

Court Disposition

Majority judgment: 2009 Act valid for non-minority private unaided schools and ultra vires as applied to minority schools; Writ petitions by non-minority schools dismissed, petition by Muslim Minority Schools' Association allowed.

Orders

  • The Constitution (Ninety-third Amendment) Act, 2005 and (Eighty-Sixth Amendment) Act, 2002 are constitutionally valid.
  • The Right of Children to Free and Compulsory Education Act, 2009 is not ultra vires Article 19(1)(g) as regards non-minority unaided schools.