SC grants last opportunity to Centre to file response on PIL for identifying minorities

The Supreme Court on Friday granted the last opportunity to the Centre to file its response on a PIL seeking directions for framing of guidelines identifying minorities at the state level as Hindus are in a minority in ten states.

A Bench of Justices Sanjay Kishan Kaul and MM Sundresh granted four more weeks to the Centre to file its affidavit after Solicitor General Tushar Mehta sought more time and posted the matter for hearing after seven weeks.

The plea filed by advocate Ashwini Kumar Upadhyay said that Hindus are minorities in ten states and are not able to avail the benefits of schemes meant for minorities.

In his plea, he has also challenged the validity of Section 2(f) of the National Commission for Minority Education Institution Act 2004 for giving unbridled power to the Centre and being manifestly arbitrary, irrational and offending.

The plea said, "Direct and declare that followers of Judaism, Bahaism and Hinduism, who are minorities in Laddakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur, can establish and administer educational institutions of their choice in the spirit of the TMA Pai Ruling."

The top court in the TMA Pai Foundation case had held that the state is well within its rights to introduce a regulatory regime in the national interest to provide minority educational institutions with well-qualified teachers in order for them to achieve excellence in education.

The plea added, "Rational basis of declaring certain religions as a minority by the Central Government as they have less population in the states is contravened when benefits of schemes for minority are acquired by those religious minorities in states where they are in majority and those religious communities who are actually minorities are not been given equal status."

( With inputs from ANI )

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