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Bombay High Court, in its judgment dated August 5, 2021, directed the respondent institution to comply with the Directives of State Education Department and grant admission to the petitioner’s son within one week. It was the contention of the respondent that since they are a minority institution, governed by Act of 2004, provisions of Right to Education Act, 2009 shall not bind them.

A Division Bench of Justice RI Chagla and Justice RD Dhanuka, while issuing directions said,

“The disobedience of the directives issued by the Education Department cannot be condoned by obtaining certificate as minority education institution subsequently.

A perusal of the medical certificate annexed by the petitioner at page 21 indicates that the recommendations made by the Department of Psychiatry is that the son of the petitioner should continue in a regular school with further advice.”

Petitioner’s son, Master Rasesh Ashish Patel was issued a certificate of disability with autism by Nair Hospital on October 16, 2018.

In 2019, the petitioner applied for his son’s admission under Right to Education Act, 2009.

Section 3 of the Act provides for Right of Child to Free and Compulsory Education:

“A child with disability referred to in sub-clause (A) of clause (ee) of section 2 shall, without prejudice to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), and a child referred to in sub-clauses (B) and (C) of clause (ee) of section 2, have the same rights to pursue free and compulsory elementary education which children with disabilities have under the provisions of Chapter V of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995”

On April 11, 2019, respondents 3 & 4 (State Authorities) issued a letter of allotment under the provisions of RTE Act, granting admission to the petitioner’s son in respondent 1 institution.

On August 19, 2019, petitioner reached out to the Education Department informing that inspite of having an allotment letter, Administrative Officer of the School refused to grant admission to his son.

While Counsel for the petitioner submitted that directives issued by the Education Officer to grant admission under 25% quota - under RTE Act, was binding upon the respondent School, Counsel for the Respondent argued that the provisions of RTE Act does not apply to minority institutions under the provisions of National Commission for Minority Educational Institutions Act, 2004.

Petitioner was provided the allotment letter on April 11, 2019, Respondent School obtained certificate conferring status of Minority Institution on February 17, 2020 - The respondent School was thus required to comply with the said directives, which was much prior to the date of certificate issued in favour of the respondent institute, Court recorded.

Dismissing prayer for stay by the respondent institute, the bench added, “The respondent 1 and 2 having committed default in not complying with the directives issued by the Education Department before the date of obtaining such certificate dated 17th February, 2020 cannot be allowed to now urge that such certificate having been issued subsequently, the default already committed by them should stand condoned.”

Case Title: Ashish Patel v. Edubridge International School