PRAMATI EDUCATIONAL AND CULTURAL TRUSTS VS UNION OF INDIA (2014) 8 SCC 1

 

PRAMATI EDUCATIONAL AND CULTURAL TRUSTS VS UNION OF INDIA

(2014) 8 SCC 1

 

FACTS AND ISSUE

The current case is a reference made by a three-Judge Bench of this Court by order dated 06.09.2010 in Society for Unaided Private Schools of Rajasthan v. Union of India & Anr. to a Constitution Bench. Both Article 15(5) and Article 21A were inserted in the Constitution by Parliament by exercise of its power of amendment under Article 368 of the Constitution. A Bench of thirteen-Judges of this Court in His Holiness Kesavananda Bharati Sripadagalvaru v. State of Kerala & Anr. considered the scope of the amending power of Parliament under Article 368 of the Constitution and the majority of the Judges held that Article 368 does not enable Parliament to alter the basic structure or framework of the Constitution.

 

ISSUE

1. Whether by inserting clause (5) in Article 15 of the Constitution by the Constitution (Ninety-third Amendment) Act, 2005, Parliament has altered the basic structure or framework of the Constitution.
2. Whether by inserting Article 21A of the Constitution by the Constitution (Eighty-Sixth Amendment) Act, 2002, Parliament has altered the basic structure or framework of the Constitution.

JUDGEMENT AND ANALYSIS

1. This hon'ble court observed that the requirement of medium instruction could not be covered by any of the grounds for imposing any restriction under article 19(2), the court had invalidated the mother tongue as the medium of instruction at the primary stage. Such a reading of the article 19(1)(a) may give rise to fresh litigation if not with respect to elementary education because of the current case which settles the law on the issues with respect to post elementary education for making a claim among others for a medium of instruction of one's choice. 
2. In Society for Unaided Private Schools of Rajasthan vs Union of India, the court upheld that The provision of the right of children to free and compulsory Education Act 2009 that required unaided private schools to admit 25% students of vehicle section in the age group of 6 to 14. It was observed in the current case by this hon’ble court that the aforementioned provision does not applied to minority schools, aided as well as unaided, in view of the special right under article 30(1). Hence, Society for Unaided Private Schools of Rajasthan vs Union of India was overruled by the current case, at least for the minority institutions.
3. This hon'ble court observed that the duty to maintain the distinction between the aided and unaided private institutions in matters of admission of students belonging to SEBs/SCs/STs in unaided educational institutions. It was held that the law made to effectuate Article 15(5) must provide compensation to the unaided institutions so as not to violate article 14. It was further observed by this court that article 21A casts an obligation only to the public institutions and not the private ones.