The Supreme Court on Wednesday directed that a plea challenging the constitutional validity of Sections 1(4) and 1(5) of the Right of Children to Free and Compulsory Education Act, 2009, be placed before the Chief Justice of India for appropriate orders, noting that a similar issue concerning the applicability of the RTE Act to minority institutions is already pending.

As the issue is already pending before the CJI for deciding whether a larger bench reference is required, the bench of Justice Dipankar Datta and Justice Augustine George Masih directed that the present petition also be placed before the CJI.

The writ petition filed under Article 32 of the Constitution challenges Sections 1(4) and 1(5) of the Act. As per Section 1(4), RTE Act applies subject to Articles 29 and 30.

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