Supreme Court to Examine RTE Act Exemption for Madrasas, Vedic Pathshalas

The Supreme Court of India has agreed to hear a significant public interest litigation challenging the constitutional validity of provisions that exempt madrasas, Vedic pathshalas, and other institutions primarily imparting religious instruction from the ambit of the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

A bench comprising Justice Dipankar Datta and Justice Sheel Nagu on August 12, 2026, directed that the petition filed by Pyare Zia Khan , Chairman of the Maharashtra State Minority Committee, be tagged with a pending appeal, Anjuman Ishaat-e-Taleem Trust v. The State of Maharashtra & Ors .

The Core Legal Challenge

The petition specifically challenges Sections 1(4) and 1(5) of the RTE Act. Section 1(4) makes the Act's application subject to the cultural and educational rights of minorities under Articles 29 and 30 of the Constitution. Section 1(5) completely exempts madrasas, Vedic pathshalas, and educational institutions "primarily imparting religious instruction" from the Act's purview.

Mr. Khan argues that these provisions create an unjustifiable classification of children based solely on the character of the institution they attend. The plea contends that this classification has "no rational connection" with the RTE Act's objective of ensuring universal and quality elementary education for all children.

The Teacher Eligibility Test (TET) Controversy

A central issue in the petition is the mandatory application of the Teachers' Eligibility Test (TET) . The petitioner argues that because the RTE Act does not apply to these exempted institutions, the TET requirement—introduced under the RTE Act and notifications by the National Council for Teacher Education (NCTE)—also becomes inapplicable. The plea seeks a declaration that TET should be mandatory for teachers in all schools covered under Section 2(n) of the Act, regardless of whether they are minority institutions, madrasas, or Vedic pathshalas.

A Larger Constitutional Question

This development gains significance as the Supreme Court had earlier, in its 2014 judgment in Pramati Educational and Cultural Trust v. Union of India , held that the RTE Act would not apply to minority educational institutions. However, the bench in the Anjuman Ishaat-e-Taleem Trust case has since doubted the correctness of that ruling, opening the door for a fresh examination of the exemption.

The bench has directed the matter to be placed before the Chief Justice for appropriate orders, suggesting the possibility of reference to a larger bench.

Arguments Presented

The petitioner, represented by Senior Advocate Firdos Mirza and AOR Shakul Rajesh Ghatole , advanced several key arguments:

  • The exemptions violate Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), 21 (Right to Life), and 21A (Right to Education) of the Constitution.
  • Making TET inapplicable to teachers in these institutions compromises the quality of education imparted to children.
  • The classification of institutions into those covered and exempted has no nexus with the Act's objective of ensuring free and compulsory education.

Implications

If the Supreme Court rules in favor of the petitioner, it could fundamentally alter the regulatory framework for thousands of madrasas, Vedic pathshalas, and minority-run educational institutions across India. Such a decision would require these institutions to comply with the RTE Act's infrastructure, curriculum, and teacher qualification standards, including mandatory TET certification.

The matter, now tagged with the pending Anjuman Ishaat-e-Taleem Trust case, will be heard by the bench assigned by the Chief Justice of India, with potential far-reaching consequences for the intersection of religious freedom and the right to education.

The order was passed on August 12, 2026, with the court directing the petition to be listed for further proceedings after obtaining appropriate directions from the Chief Justice.