Right to Education constitutionally valid: Supreme Court

However, the court made it clear that this reservation would not be applicable to unaided minority institutions.

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The apex court bench of Chief Justice S.H. Kapadia and Justice Swatanter Kumar upheld the constitutional validity of Section 12 1C of the right to education (RTE) act that provides 25 percent reservation for students from weaker sections of society.

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However, Justice K.S. Radhakrishnan, in a dissenting judgment, held that the mandate under RTE providing for reservation of seats was not constitutionally valid, thus none of the unaided schools, be it of majority or minority, could be compelled to earmark 25 percent seats in their institutions for weaker sections.

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The court said the judgment will come into force from Thursday itself, but the admissions already made will not be disturbed.

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