Requirement Of Admitting 25% Students From Weaker Section Under RTE Not Mandatory For Minority Institutions: Chhattisgarh HC [Read Judgment]

The certificate of minority educational institution granted by the National Commission for Minority Educational Institutions binding on state government and authorities, the court held.

The Chhattisgarh High Court has held that minority educational institutions are not required to admit 25 per cent students from weaker section of society as mandated in the Right of Children to Free and Compulsory Education Act.

The court was considering the writ petitions by schools belonging to Christian community, challenging the government direction to produce certificate of religious minority institution by the state government failing which the schools will be derecognized for not admitting 25% students as provided in Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009.

Justice Sanjay K Agrawal observed that the certificate granted by the authority under the NCMEI Act, 2004, will prevail and is binding on the state government and the state government or the state authorities, as these cannot ignore the certificate and the declaration made as a minority educational institution holding it to be covered by Section 2(g) of the NCMEI Act, 2004, unless it is set aside in accordance with the NCMEI Act, 2004 by the authority having jurisdiction. The state government was insisting them to produce minority recognition certificate issued by an authority of the state government.

“Once certificate has been issued by the Commission which is competent to issue certificate under the NCMEI Act, 2004, the State Government and its authorities cannot compel the petitioners to get certificate from an authority who is appointed by the order of the Government, as the statutory authority under the NCMEI Act, 2004 has granted minority status certificate to the petitioners and the same is binding on the State Government,” the court said.