Hearing a petition filed by Federation of Linguistic & Religious Minority Education Institutions, a division bench of Chief Justice Manjula Chellur and Justice Mahesh Sonak quashed orders of the state government rejecting proposals by 10 school managements to open unaided minority English-medium primary schools on the grounds that they did not comply with RTE norms.
The HC asked the state to reconsider the applications as per law. “We are of the opinion that the rejection to the proposals submitted… was not proper, particularly since such rejections failed to take into consideration the law as declared by the Supreme Court,” said the judges.
The HC referred to the 2014 apex court order that held that provisions of RTE do not apply to aided or unaided minority institutions. The apex court had said that if RTE law were made applicable to such institutions, it would violate their rights and destroy the minority character of the schools.