LAW FOR ALL

Education - clause (5) of Art. 15 of Constitution - Constitutional Validity of Admission to socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in to Minority Institutions - Constitution Bend declared as unconstitutional - we hold that the Constitution (Ninety-third Amendment) Act, 2005 inserting clause (5) of Article 15 of the Constitution and the Constitution (Eighty-Sixth Amendment) Act, 2002 inserting Article 21A of the Constitution do not alter the basic structure or framework of the Constitution and are constitutionally valid. We also hold that the 2009 Act is not ultra vires Article 19(1)(g) of the Constitution. We, however, hold that the 2009 Act insofar as it applies to minority schools, aided or unaided, covered under clause (1) of Article 30 of the Constitution is ultra vires the Constitution. Accordingly, Writ Petition (C) No.1081 of 2013 filed on behalf of Muslim Minority Schools Managers’ Association is allowed and Writ Petition (C) Nos.416 of 2012, 152 of 2013, 60 of 2014, 95 of 2014, 106 of 2014, 128 of 2014, 144 of 2014, 145 of 2014, 160 of 2014 and 136 of 2014 filed on behalf of non-minority private unaided educational institutions are dismissed. = Pramati Educational & Cultural Trust ® & Ors. … Petitioners Versus Union of India & Ors. … Respondents = 2014 ( May.Part) http://judis.nic.in/supremecourt/filename=41505