Download - Art 12 rights to education
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.