2014 Supreme(SC) 398

SUPREME COURT OF INDIA
R.M. LODHA, CJI., A.K. PATNAIK, SUDHANSU JYOTI MUKHOPADHAYA, DIPAK MISRA, FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.
Pramati Educational & Cultural Trust ® & Others – Appellants
Versus
Union of India & Others – Respondents
Writ Petition (C) Nos. 416 of 2012, 152 of 2013, 1081 of 2013, 60 of 2014, 95 of 2014, 106 of 2014, 128 of 2014, 144 of 2014, 145 of 2014, 160 of 2014 & 136 of 2014
Decided On : 06-05-2014

IMPORTANT POINTS
Constitution (Ninety-third Amendment) Act, 2005 inserting clause (5) of Article 15 of the Constitution and the Constitution (Eighty-Sixth Amendment) Act, 2002 inserting Article 21A of the Constitution are constitutionally valid.
Act 2009 is not ultra vires Article 19(1)(g) of the Constitution.
Act 2009 insofar as it applies to minority schools, aided or unaided is ultra vires the Constitution.

Headnote:(a) Constitution of India – Article 15(5) – Article 15(5) aims at providing equal opportunity to a large number of students belonging to the socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes to study in educational institutions and equality of opportunity – Clause (5) is an enabling provision to make equality of opportunity promised in the Preamble – It is not an exception or proviso overriding Article 15. (Para 16)

       (1976) 2 SCC 310; 1992 Supp (3) SCC 217; (2008) 6 SCC 1 – Relied upon

       (b) Constitution of India – Article 19(1)(g) – Educational institutions – Held, establishment and running of an educational institution "is occupation" – Right to establish and administer private educational institutions – Right and autonomy of occupation – Will not be affected by giving freeships or scholarships to small percentage of students belonging to weaker and backward sections of the society – Charitable element of the right. (Para 18, 19)

       (2002) 8 SCC 481 – Relied upon

       (c) Constitution of India – Article 19(1)(a)(g) and 19(6) – Appropriation of seats in private educational institutions – Held impermissible under Article 19(6) – Freedoms under Article 19(1) of the Constitution, including those under Article 19(1)(g), have a voluntary element – Such voluntariness can be subjected to reasonable restrictions – Provided by enacting clause (5) in Article 15 vesting necessary powers on the State – Identity of the right of unaided private educational institutions under Article 19(1)(g) of the Constitution – Not destroyed by clause (5) of Article 15 of the Constitution. (Para 21, 22)

       (2005) 6 SCC 537 – Referred

       (d) Constitution of India – Article 15(5) – Width of power – Power of a State to make a law – Can only be exercised where it is necessary for advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes and not for any other purpose – Limited width not destructive of right under Article 19(1)(g). (Para 23)

       (e) Constitution of India – Article 15(5) – Aided and unaided private educational institutions – Treating them alike in providing admission to specified classes – Not violative of Article 14 – Unaided institutions may be compensated for their losses. (Para 24)

       (1980) 3 SCC 625; (2007) 2 SCC 1; (2006) 8 SCC 212p AIR 1954 SC 119; (1974) 1 SCC 717 – Referred

       (f) Constitution of India – Article 30(1) and 15(5) – Minority institutions – Aided or unaided – Admission of socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes under Article 15(5) – Minority character may be affected – Keeping minority institutions out of purview of Article 15(5) – Not violative of Article 14. (Para 26)

       (g) Constitution of India – Preamble and Article 15(5) – Religious Minority institutions – Secularism, a basic feature of Constitution – Keeping religious minority institutions out of purview of Article 15(5) – Essence of secularism lies in recognising and preserving different types of people, with diverse languages and different beliefs – Secularism is maintained and not destroyed by keeping religious minority institutions out of purview of Article 15(5). (Para 27)

       (1994) 6 SCC 360; (2002) 8 SCC 481 – Relied upon

       (h) Constitution of India – Article 15(5) and Article 21 r/w Article 51A(j) – Apprehension that quality of products of private institution will deteriorate on implementation of Article 15(5) – Contrary to experience with IIT, IIM, Kendriya Vidyalayas and Government Medical colleges – Held, Article 15(5) not violative of Article 21. (Para 28, 29)

       (2008) 6 SCC 1 – Referred

       (i) Constitution of India – Article 21A – Word 'State' in Article 21A can only mean the 'State' which can make the law – Obligation to provide free and compulsory education to all children of the age of 6 to 14 years – On the State and not on private unaided educational institutions – Article 21A empowering State to make law in discharge of its obligation – To be construed harmoniously with Article 19(1)(g) and 30(1) – Such law should not abrogate the right of unaided private educational schools under Article 19(1)(g) of the Constitution or the right of the minority schools, aided or unaided, under Article 30(1) of the Constitution. (Para 40)

       AIR 1958 SC 255 – Relied upon

       AIR 1952 SC 1952; AIR 1956 SC 108 – Referred

       (j) Constitution of India – Article 21A and Article 19(1)(g) r/w section 12(1)(c); 2(n)(iv) and 12(2) of Right of Children to Free and Compulsory Education Act, 2009 – Expenditure incurred by unaided private school reimbursable – Article 21A and Act 2009 not violative of Article 19(1)(g). (Para 44)

       (2002) 8 SCC 481 – Referred

       (k) Constitution of India – Article 21A and Article 30(1) – Law made in exercise of power under Article 21A cannot abrogate the right of the minorities under Article 30(1) – Making Right of Children to Free and Compulsory Education Act, 2009 applicable to minority schools, aided or unaided, will abrogate right of the minorities under Article 30(1) – Act 2009 Act insofar it is made applicable to minority schools referred in clause (1) of Article 30 of the Constitution held ultra vires the Constitution – Majority judgment in Society for … insofar as upholding applicability of Act 2009 to aided minority schools held not correct. (Para 45, 46)

       (1973) 4 SCC 225 – Relied upon

       (2012) 6 SCC 1 – Partly incorrect

       

       Facts of the case:

       This is a reference made by a three-Judge Bench in Society for Unaided Private Schools of Rajasthan v. Union of India (2012) 6 SCC 102 to decide on the validity of clause (5) of Article 15 of the Constitution inserted by the Constitution (Ninety-third Amendment) Act, 2005 with effect from 20.01.2006; and on the validity of Article 21A of the Constitution inserted by the Constitution (Eighty-Sixth Amendment) Act, 2002 with effect from 01.04.2010.

       Finding of the Court:

       None of the rights under Articles 14, 19(1)(g) and 21 of the Constitution have been abrogated by clause (5) of Article 15 of the Constitution. The view taken by Bhandari, J. in Ashoka Kumar Thakur v. Union of India that the imposition of reservation on unaided institutions by the Ninety-third Amendment has abrogated Article 19(1)(g) is not correct. Held that the (Ninety-third Amendment) Act, 2005 of the Constitution inserting clause (5) of Article 15 of the Constitution is valid.