PRAMATI EDUCATIONAL & CULTURAL TRUST Vs. UNION OF INDIA
LAWS(SC)-2014-5-7
SUPREME COURT OF INDIA
Decided on May 06,2014

Pramati Educational And Cultural Trust And Ors. Appellant
VERSUS
Union of India And Ors. Respondents





Cited Judgements :-

ASHITH KARTHIK RAO VS. STATE OF KARNATAKA [LAWS(KAR)-2014-9-1] [REFERRED TO]
T.S. ANBARASU AND ORS. VS. THE STATE OF TAMIL NADU AND ORS. [LAWS(MAD)-2015-11-5] [REFERRED TO]
RAKESH KUMAR VS. THE STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2015-7-77] [REFERRED TO]
NAVEEN PRAVEEN KINDO VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-11-13] [REFERRED TO]
URAN EDUCATION SOCIETY AND ORS. VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-4-165] [REFERRED TO]
NAMITA MANIKTALA VS. STATE OF H.P. [LAWS(HPH)-2016-8-160] [REFERRED TO]
NIDHI KAUSHIK AND 2 OTHERS VS. UNION OF INDIA AND 5 OTHERS [LAWS(ALL)-2016-8-162] [REFERRED]
SHRI MATESHWARI PURVA MADHYAMIK VIDYALAYA (J H S ) VS. STATE OF U P AND 3 OTHERS [LAWS(ALL)-2017-8-117] [REFERRED TO]
SANKALP INSTITUTE OF EDUCATION, GHAZIABAD VS. STATE OF U.P. AND 2 OTHERS [LAWS(ALL)-2017-3-49] [REFERRED TO]
SYED SHAKEB ASHRAF AND 3 OTHERS VS. STATE OF U.P. THRU PRIN. SECY. DEPTT. OF BASIC EDU. LUCKNOW AND OTHERS [LAWS(ALL)-2017-4-66] [REFERRED TO]
SHIKSHA PARISHAD VS. STATE GOVERNMENT OF RAJASTHAN [LAWS(RAJ)-2020-12-122] [REFERRED TO]
JUSTICE BASHEER AHMED SAYEED COLLEGE VS. STATE OF TAMIL NADU [LAWS(MAD)-2023-9-77] [REFERRED TO]
IMT INDUSTRIAL ASSOCIATION VS. STATE OF HARYANA [LAWS(P&H)-2023-11-3] [REFERRED TO]
IRUDAYA JUDITH MARY VS. GOVERNMENT OF TAMIL NADU, REP BY ADDITIONAL CHIEF SECRETARY [LAWS(MAD)-2017-1-396] [REFERRED TO]
THE SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI VS. S. JEYALAKSHMI [LAWS(MAD)-2016-8-171] [REFERRED TO]
ST. JOSEPH'S MODEL HIGHER SECONDARY SCHOOL VS. EMPLOYEES' STATE INSURANCE CORPORATION [LAWS(KER)-2014-7-126] [REFERRED TO]
DIRECTOR OF SCHOOL EDUCATION D. P. I. CAMPUS VS. M. VELAYUTHAM [LAWS(MAD)-2023-6-146] [REFERRED TO]
DR. JAISHRI LAXMANRAO PATIL VS. THE CHIEF MINISTER & ORS [LAWS(SC)-2021-5-9] [REFERRED TO]
ROYCHAN ABRAHAM VS. STATE OF U.P. [LAWS(ALL)-2019-2-196] [REFERRED TO]
ERAM GIRLS DEGREE COLLEGE THRU MANAGER & ANR VS. STATE OF U P THRU PRIN SECY BASIC EDU LKO & ORS [LAWS(ALL)-2018-3-291] [REFERRED TO]
U.P. PRADESHIYA PRATHMIK SHIKSHAK SANGH AND ANOTHER VS. STATE OF U.P. AND 3 OTHERS [LAWS(ALL)-2017-8-506] [REFERRED TO]
FORUM FOR PROMOTION OF QUALITY EDUCATION FOR ALL AND ORS VS. DDA AND ORS [LAWS(DLH)-2017-2-12] [REFERRED TO]
DIRECTORATE OF EDUCATION VS. ACTION COMMITTEE UNAIDED RECOGNIZED PRIVATE SCHOOLS [LAWS(DLH)-2014-12-42] [REFERRED TO]
NISHA KANWAR AND ORS. VS. STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-2015-12-6] [REFERRED TO]
JUSTICE FOR ALL VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2020-9-82] [REFERRED TO]
FOUNDATION EDUCATIONAL TRUST VS. STATE OF KARNATAKA [LAWS(KAR)-2018-4-323] [REFERRED TO]
ANJALI PANDEY VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2024-1-153] [REFERRED TO]
RAMESHWAR JHA VS. PRINCIPAL RICHMOND GLOBAL SCHOOL [LAWS(DLH)-2022-12-151] [REFERRED TO]
KISHORE KUMAR YADAV AND ORS. VS. THE STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2015-1-75] [REFERRED TO]
JAGJIT KOUR VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-8-2] [REFERRED TO]
RUBY JHA VS. STATE OF BIHAR [LAWS(PAT)-2019-1-190] [REFERRED TO]
DAYARAM KHEMKARAN VERMA S/O KHEMKARAN VERMA VS. STATE OF GUJARAT [LAWS(GJH)-2016-8-48] [REFERRED TO]
SARASWATI SHIKSHAN SANSTHA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-9-129] [REFERRED TO]
FEDERATION OF LINGUISTIC & RELIGIOUS MINORITY EDUCATION INSTITUTIONS & ORS VS. STATE OF MAHARASHTRA & ORS [LAWS(BOM)-2016-9-146] [REFERRED]
LOYOLA SCHOOL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-3-81] [REFERRED TO]
ACTION COMMITTEE UNAIDED RECOGNIZED PRIVATE SCHOOLS VS. DIRECTORATE OF EDUCATION AND ANR [LAWS(DLH)-2019-3-68] [REFERRED TO]
FR. SUSHIL KUJUR VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-11-120] [REFERRED TO]
R JENITHAMARY VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2017-3-229] [REFERRED TO]
DR. M. HEMALATHA VS. STATE OF TAMIL NADU REPRESENTED BY SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT CHENNAI [LAWS(MAD)-2017-5-3] [REFERRED TO]
M. ANI VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2022-4-89] [REFERRED TO]
PUNJAB PRIVATE SELF FINANCED DENTAL COLLEGE ASSOCIATION VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2014-9-75] [REFERRED TO]
HARYANA PROGRESSIVE SCHOOLS CONFERENCE (REGD.) AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(P&H)-2015-4-93] [REFERRED TO]
PRAGYA GIRLS SCHOOL SOCIETY VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2015-12-79] [REFERRED]
KIRAN JAIN VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2023-10-55] [REFERRED TO]
A. KATHIRESAN VS. THE GOVERNMENT OF TAMIL NADU AND ORS. [LAWS(MAD)-2015-7-309] [REFERRED TO]
LAL BIHARI NAPIT VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2014-7-93] [REFERRED TO]
OMKAR RAM VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2014-7-112] [REFERRED TO]
RIDDHI RANI DEY VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-6-45] [REFERRED TO]
SANDIP HARSHADRAY MUNJYASARA VS. STATE OF GUJARAT [LAWS(GJH)-2018-7-102] [REFERRED TO]
CREATIVE PUBLIC SCHOOL VS. CENTRAL BOARD OF SECONDARY EDUCATION [LAWS(KER)-2018-3-137] [REFERRED TO]
MANAGER, AIEC ENGLISH MEDIUM SCHOOL, ALINTHARA VS. SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION (CBSE),DELHI [LAWS(KER)-2018-7-567] [REFERRED TO]
ST XAVIER S COLLEGE THROUGH ITS PRINCIPAL, FR J M DIAS VS. UNIVERSITY OF MUMBAI THROUGH ITS VICE CHANCELLOR, FORT, MUMBAI [LAWS(BOM)-2017-10-156] [REFERRED TO]
MYSORE DIOCESAN EDUCATIONAL SOCIETY (R) VS. STATE OF KARNATAKA DEPARTMENT OF PRIMARY EDUCATION [LAWS(KAR)-2019-1-146] [REFERRED TO]
MASTER BALACHANDAR KRISHNAN VS. STATE OF KARNATAKA [LAWS(KAR)-2020-9-642] [REFERRED TO]
ST ANNS ENGLISH MEDIUM SCHOOL VS. STATE OF CHHATTISGARH, REPRESENTED BY CHIEF SECRET [LAWS(CHH)-2017-11-44] [REFERRED TO]
NAMITA MANIKTALA VS. STATE OF H P AND OTHERS [LAWS(HPH)-2016-8-328] [REFERRED TO]
SISTERS OF ST. JOSEPH OF CLUNY VS. STATE OF WEST BENGAL & ORS. [LAWS(CAL)-2016-7-37] [REFERRED TO]
ANINDYA GUHA VS. STATE OF WEST BENGAL & ORS. [LAWS(CAL)-2016-8-31] [REFERRED TO]
DEVAMATHA CMI PUBLIC SCHOOL VS. EMPLOYEES' STATE INSURANCE CORPORATION [LAWS(KER)-2014-7-54] [REFERRED TO]
CREATIVE PUBLIC SCHOOL VS. CENTRAL BOARD OF SECONDARY EDUCATION [LAWS(KER)-2017-3-400] [REFERRED TO]
A JOSEPH NIRMALA VS. ADDITIONAL CHIEF SECRETARY GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2017-2-393] [REFERRED TO]
THE MANAGER, DYNAMIC ENGLISH MEDIUM SCHOOL AND ORS. VS. STATE [LAWS(KER)-2018-7-881] [REFERRED TO]
SINDHUDURG ZILLA SHIKSHAN SANSTHA CHALAK MANDAL AND ORS. VS. THE UNION OF INDIA AND ORS. [LAWS(BOM)-2015-12-96] [REFERRED TO]
PREETPAL KOUR VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-11-242] [REFERRED TO]
THE DALY COLLEGE VS. STATE OF M.P. [LAWS(MPH)-2014-12-80] [REFERRED TO]
G. MURUGENDRAN VS. UNION OF INDIA AND ORS. [LAWS(MAD)-2015-4-132] [REFERRED TO]
VINEET RUIA VS. PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION [LAWS(CAL)-2020-10-4] [REFERRED TO]
MEYDHA (MERITORIOUS EDUCATION FOR YOUTHS DEVELOPMENT & HUMANE ACTIVITIES) VS. GOVT OF INDIA [LAWS(ALL)-2014-8-476] [REFERRED TO]
RYAN INTERNATIONAL SCHOOL EMPLOYEES WELFARE ASSOC VS. STATE OF U P [LAWS(ALL)-2019-5-85] [REFERRED TO]
L. JECINTHA MARY VS. UNION TERRITORY OF PUDUCHERRY [LAWS(MAD)-2023-4-173] [REFERRED TO]
THE MANAGER, A.M HIGHER SECONDARY SCHOOL, VENGOOR, MALAPPURAM DISTRICT VS. THE STATE OF KERALA [LAWS(KER)-2017-10-273] [REFERRED TO]
MILLI TRUST AT STADIUM ROAD, P.S. VS. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT OF BIHAR, PATNA [LAWS(PAT)-2016-10-63] [REFERRED TO]
GEETHA VS. SECRETARY, DEPARTMENT OF SCHOOL EDUCATION [LAWS(MAD)-2017-1-362] [REFERRED TO]
S BABIYOLA MARY VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2018-3-585] [REFERRED TO]
CORRESPONDENT ST.IGNATIUS CONVENT HIGHER SECONDARY SCHOOL VS. DIRECTOR OF SCHOOL EDUCATION [LAWS(MAD)-2020-1-180] [REFERRED TO]
G.SOMNATH VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-9-30] [REFERRED TO]
CHARU KHURANA VS. UNION OF INDIA (UOI) [LAWS(SC)-2014-11-39] [REFERRED TO]
FORUM FOR PROMOTION OF QUALITY EDUCATION FOR ALL VS. LT GOVERNOR OF DELHI [LAWS(DLH)-2014-11-154] [REFERRED TO]
M. NANCY RANI VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2022-11-203] [REFERRED TO]
EDUCATION INSTITUTIONS & ORS. VS. STATE OF MAHARASTRA & ORS. [LAWS(BOM)-2016-9-247] [REFERRED TO]
HOLY FAMILY ENGLISH MEDIUM L.P. SCHOOL VS. EMPLOYEES STATE INSURANCE CORPORATION [LAWS(KER)-2015-12-180] [REFERRED TO]
SURAJIT NUNDY & ORS. VS. MANAGEMENT OF MIRAMBIKA FREE PROGRESS SCHOOL & ORS. [LAWS(DLH)-2016-7-5] [REFERRED TO]
BHASKAR SARDAR VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2016-8-45] [REFERRED TO]
AKHIL BHARATIYA SAMAJWADI ADHYAPAK SABHA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-7-93] [REFERRED TO]
INDIAN SCHOOL, JODHPUR VS. STATE OF RAJASTHAN [LAWS(SC)-2021-5-2] [REFERRED TO]
JANHIT ABHIYAN VS. UNION OF INDIA [LAWS(SC)-2022-11-25] [REFERRED TO]
S. GEETHA VS. GOVERNMENT OF TAMIL NADU, SCHOOL EDUCATION DEPARTMENT, CHENNAI [LAWS(MAD)-2023-1-244] [REFERRED TO]
SECRETARY VS. STATE OF TAMIL NADU [LAWS(MAD)-2023-6-51] [REFERRED TO]
LITTLE FLOWER HIGH SCHOOL VS. STATE OF TELANGANA [LAWS(TLNG)-2023-6-10] [REFERRED TO]
SHANTI EDUCATIONAL SOCIETY VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-7-288] [REFERRED TO]
MODERN DENTAL COLLEGE AND RESEARCH CENTRE VS. STATE OF MADHYA PRADESH [LAWS(SC)-2016-5-69] [REFERRED TO]
ISHRATH SULTANA VS. THE SECRETARY TO GOVERNMENT STATE OF TAMIL NADU, EDUCATION DEPARTMENT [LAWS(MAD)-2017-1-14] [REFERRED TO]
SHALINI NANCY VS. PRINCIPAL SECRETARY TO GOVERNMENT, STATE OF TAMILNADU, EDUCATION DEPARTMENT, FORT GT GEORGE, CHENNAI [LAWS(MAD)-2017-1-478] [REFERRED TO]
B.MANJULA VS. DISTRICT ELEMENTARY EDUCATION OFFICER [LAWS(MAD)-2022-8-46] [REFERRED TO]
U.P. UNAIDED MEDICAL COLLEGES WELFARE ASSOCIATION,BAREILLY VS. UNION OF INDIA [LAWS(ALL)-2016-9-335] [REFERRED TO]
NURUL ISLAM VS. STATE OF ASSAM [LAWS(GAU)-2019-7-22] [REFERRED TO]
RASHMI EDUCATION TRUST VS. STATE OF KARNATAKA [LAWS(KAR)-2023-1-8] [REFERRED TO]
KUMUD BEEN BANDHU SAHAY TIRKEY VS. STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2014-11-54] [REFERRED TO]
JYOTI SURIN VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2014-12-30] [REFERRED TO]
RENJITH J.V. VS. STATE OF KERALA [LAWS(KER)-2020-8-290] [REFERRED TO]
NAVODAYA MEDICAL COLLEGE VS. STATE OF KARNATAKA [LAWS(KAR)-2022-3-53] [REFERRED TO]
M/S. DABHOL EDUCATIONAL SOCIETY, THROUGH ITS PRESIDENT, MR. SHABAN AMIR BAMNE & ORS. VS. THE STATE OF MAHARASHTRA, THROUGH THE SECRETARY, DEPT. OF PRIMARY EDUCATION & SPORTS & ORS. [LAWS(BOM)-2016-9-212] [REFERRED TO]
BHAIRAVNATH SHIKSHAN MANDAL, KHED AND ANOTHER VS. STATE OF MAHARSHTRA AND OTHERS [LAWS(BOM)-2017-6-77] [REFERRED TO]
UDHAM SINGH NAGAR DISTRICT COOPERATIVE BANK LTD & ANOTHER VS. ANJULA SINGH AND OTHERS [LAWS(UTN)-2019-3-63] [REFERRED TO]
KIRAN JAIN VS. GOVERNMENT OF NCT OF DELHI & ORS [LAWS(DLH)-2019-10-3] [REFERRED TO]
DON BOSCO HIGHER SECONDARY SCHOOL VS. EMPLOYEES' STATE INSURANCE CORPORATION [LAWS(KER)-2014-7-48] [REFERRED TO]
SHREE KRISHNA EDUCATION SOCIETY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-5-18] [REFERRED TO]
P ALPHONSA MARY VS. ADDITIONAL CHIEF SECRETARY GOVERNMENT OF TAMIL NADU DEPARTMENT OF SCHOOL EDUCATION [LAWS(MAD)-2017-1-448] [REFERRED TO]
SUSHIL KUJUR VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-11-112] [REFERRED TO]
G DAISY KIRUBAVATHY VS. STATE OF TAMIL NADU [LAWS(MAD)-2017-8-152] [REFERRED TO]
KANCHANA KUMARI VS. STATE OF KERALA [LAWS(KER)-2018-1-752] [REFERRED TO]
DYNAMIC ENGLISH MEDIUM SCHOOL VS. STATE OF KERALA [LAWS(KER)-2018-7-722] [REFERRED TO]


JUDGEMENT

- (1.)This 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, 2012 6 SCC 102 to a Constitution Bench. As per the aforesaid order dated 06.09.2010, we are called upon 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.
(2.)Clause (5) of Article 15 of the Constitution reads as follows:
"Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30."

Clause (5) of Article 15 of the Constitution, therefore, enables the State to make a special provision, by law, for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes insofar as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of Article 30 of the Constitution. The constitutional validity of clause (5) of Article 15 of the Constitution insofar as it enables the State to make special provisions relating to admission to educational institutions of the State and educational institutions aided by the State was considered by a Constitution Bench of this Court in Ashoka Kumar Thakur v. Union of India & Ors, 2008 6 SCC 1 and the Constitution Bench held in the aforesaid case that clause (5) of Article 15 is valid and does not violate the "basic structure" of the Constitution so far as it relates to the State-maintained institutions and aided educational institutions. In the aforesaid case, however, the Constitution Bench left open the question whether clause (5) of Article 15 was constitutionally valid or not so far as "private unaided" educational institutions are concerned, as such "private unaided" educational institutions were not before the Court. This batch of writ petitions has been filed by private unaided educational institutions and we are called upon to decide whether clause (5) of Article 15 of the Constitution so far as it relates to "private unaided" educational institutions is valid and does not violate the basic structure of the Constitution.

(3.)Article 21A of the Constitution reads as follows:
"21A. Right to education.--The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.".

Thus, Article 21A of the Constitution, provides that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. Parliament has made the law contemplated by Article 21A by enacting the Right of Children to Free and Compulsory Education Act, 2009 (for short 'the 2009 Act'). The constitutional validity of the 2009 Act was considered by a three-Judge Bench of the Court in Society for Unaided Private Schools of Rajasthan v. Union of India & Anr, 2012 6 SCC 1. Two of the three Judges have held the 2009 Act to be constitutionally valid, but they have also held that the 2009 Act is not applicable to unaided minority schools protected under Article 30(1) of the Constitution. In the aforesaid case, however, the three-Judge Bench did not go into the question whether clause (5) of Article 15 or Article 21A of the Constitution is valid and does not violate the basic structure of the Constitution. In this batch of the writ petitions filed by private unaided institutions, the constitutional validity of clause (5) of Article 15 and of Article 21A has to be decided by this Constitution Bench.



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