Article 12

Rights In Respect Of Education

The Right in 12 (1)(a)The Principle

No discrimination against any citizen on the grounds only of religion, race, descent or place of birth in the administration of any educational

institution maintained by a public authority, and

in the admission of pupils or students or the payment of fees

The Exception

Art. 153 (1), (2), (3), and (8A)

The Right in 12 (1)(b)

The Principle

No discrimination against any citizen on the grounds only of religion, race, descent or place of birth

in providing out of the funds of a public authority, financial aid for the maintenance or education of pupils or students

in any educational institution.

This provision applies to all types of educational institution;it can be educational institution maintained by public

authority or private sector, and it can be within or outside the country.

The Exception

Art. 153 (1), (2), (3), and (8A)

The Right in 12 (2)

Every religious group has the right to establish and maintain institutions for the education of children in its own religion.

The Rights in 12 (2)

It shall be lawful for the Federation or a State, to establish or maintain Islamic institutions, to assist in establishing or maintaining

Islamic institutions, and to provide or assist in providing instruction

in the religion of Islam.

It shall be lawful for the Federation or a State to incur expenditure necessary for the stated purposes above.

Art 3 (1)

Interpretation of Article 12 (3) and (4)

Re Susie Teoh [1986] 2 MLJ 228

Teoh Eng Huat v. Kadhi Pasir Mas & Anor [1990] 2 MLJ 301

Establishment of private school, college and university

Education Act 1996

University and University College Act 1971

Private Higher Education Act 1996

Lembaga Akreditasi Negara Act 1996

Right to establish private school, college and universities

Education ActSection 73. Saving relating to private

educational institutions.(1) Nothing in this Act shall be construed as

prohibiting the establishment and maintenance of a private educational institution.

(2) Notwithstanding subsection (1), every private educational institution shall comply with this Act and all regulations made under this Act and applicable to the educational institution.