Court quashes directives imposing free education for journalists' children, reaffirming constitutional protections under Article 30(1).
In a landmark decision, the Telangana High Court has ruled in favor of minority educational institutions, reaffirming their constitutional right to manage and administer their establishments without mandatory implementation of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). The judgment was delivered by Justice Juvvadi Sridevi on June 24, 2026, addressing the writ petitions filed by Brothers of St Gabriel Educational Society and associated institutions.
The petitioners contested the directives issued by educational authorities, which aimed to compel private educational institutions to provide free education to the children of journalists, allegedly under the provisions of the RTE Act. The court noted that such enforcement infringes upon the constitutional rights of minority institutions, as guaranteed under Article 30(1) of the Indian Constitution, which allows them to establish and administer educational institutions of their choice.
The legal contention centered around whether minority institutions, protected under Article 30(1), could be mandated to comply with RTE Act provisions, specifically those concerning free education. The petitioners argued that the directives, lacking statutory backing, were arbitrary and violated natural justice principles, as they were issued without affording affected institutions the opportunity for a hearing.
Justice Sridevi, referencing authoritative precedents set by the Supreme Court in the Pramati Educational and Cultural Trust v. Union of India, and Society for Unaided Private Schools of Rajasthan v. Union of India, emphasized that the RTE Act's application to minority institutions is unconstitutional. The directives not only lacked statutory authority but were also based solely on requests from journalists' associations, which cannot override constitutional protections.
The court further highlighted the absence of any statutory provision or governmental policy authorizing such directives, noting that even the respondents admitted the non-mandatory nature of the proceedings. The judgment underscored the importance of adhering to principles of natural justice, pointing out the financial and administrative consequences faced by institutions due to the lack of procedural fairness.
Ultimately, the court allowed the writ petitions, setting aside the directives challenged by the petitioners. This decision reinforces the constitutional protection of minority educational institutions against the imposition of obligations unsupported by statutory authority, ensuring their autonomy in educational administration.
Bottom line:-
Minority educational institutions protected under Article 30(1) of the Constitution cannot be compelled to implement provisions of the Right of Children to Free and Compulsory Education Act, 2009, as it infringes their constitutional right to establish and administer educational institutions of their choice.
Statutory provision(s): Article 30(1) of the Constitution of India, Right of Children to Free and Compulsory Education Act, 2009, Sections 12(1)(c), 18(3).
