Church of North India Welcomes Landmark Verdict on Right To Education Act -2009

The Synod of the Church of North India - the largest protestant church in India, spread across whole of India, barring four southern states, welcomes the landmark verdict given by the Hon'ble Supreme Court of India, on April 12, 2012. The judgments, which will apply from the academic year 2012-13 itself, very clearly states that the Right To Education Act -2009 will not be applicable for the unaided minority schools, said Alwan Masih, General Secretary, The Synod of the Church of North India.

Preamble to our Constitution shows that one of the cherished objects of our Constitution is to assure to all its citizens the liberty of thought, expression, belief, faith and worship. Part III of the Constitution provides certain fundamental rights. Article 29 and 30 confer certain educational and cultural rights as fundamental rights. Article 30(1) gives the minorities two rights: a) to establish and b) to administer educational institutes of their choice. This is a real right for the protection of the minorities in the matter of setting educational institutions of their own choice. However with the Right To Education Act 2009 passed by the parliament of the country, specifically its sections 12(1) (c) and 18 (3), this right of the minorities was infringed upon. This led to a great resentment among the minorities and the only option was to approach the highest court of the land.

The April 12, 2012 verdict of the Hon'ble Supreme Court, keeping unaided minority schools out of the purview of the said Act, rectifies the wrong which was done to the minorities, by implementation of the said Act. This keeps the Christian community assured of this constitutional right of ours for which we thankfully reaffirm our faith in the Supreme Court.

The RTE mandates unaided private schools to keep 25 percent seats for students from economically and socially weaker sections of society. However, the court made it clear that this quota would not be applicable to unaided minority institutions.