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Showing contexts for: article 21a in The Director Of School Education vs Devanagar Higher Secondary School on 12 March, 2025Matching Fragments
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 11:13:40 am )
10. It is pertinent to state that the test which are the provisions would affect the fundamental rights was dealt with and there was divergent opinion in various judgments, hence a reference was made in Pramati’s case reported in (2014) 8 SCC 1.
11. The brief background of the case is that the constitutional amendment in Article 15(5) and Article 21A of Constitution of India was challenged. Based on the constitutional amendment under Article 15(5) and Article 21A, Sections 12(1)
20. In effect the Article 21A is not applicable to unaided minority institutions as per Society for Unaided Private Schools of Rajasthan Vs. Union of India and Another reported in (2012) 6 SCC 102. Likewise, Article 21A is not applicable to aided minority institutions as per Pramati’s case. Both the judgments had affirmed that Article 21A is applicable to unaided non-minority institutions and also to aided non-minority institutions.
i. Both Article 15(5) and Article 21A read with sections 12(1)
(b), 12(1)(c) and read with sections 2(n)(iii) and 2(n)(iv) of RTE Act, 2009 are applicable to private aided non-minority institutions .
ii. Both Article 15(5) and Article 21A read with sections 12(1)
(b), 12(1)(c) and read with sections 2(n)(iii) and 2(n)(iv) of RTE Act, 2009 are applicable to private unaided non-
minority institutions.
iii. Both Article 15(5) and Article 21A read with sections 12(1)
(b), 12(1)(c) and read with sections 2(n)(iii) and 2(n)(iv) of RTE Act, 2009 are not applicable to private aided minority institutions.
iv. Both Article 15(5) and Article 21A read with sections 12(1)