New Delhi, Dec 12 The Supreme Court on Friday came down heavily on a public interest litigation (PIL) seeking the implementation of the Right to Education (RTE) Act in minority-run madrasas and other educational institutions.
A Bench led by Justice B.V. Nagarathna refused to entertain the plea, imposed a cost of Rs one lakh on the petitioner, and expressed strong displeasure over the attempt to challenge, through a writ petition, the Constitution Bench judgment delivered in Pramati Educational and Cultural Trust v. Union of India (2014), which had ruled that the RTE Act does not apply to minority institutions.
“You cannot do this to the Supreme Court. We are enraged,” added the Bench, also comprising Justice R. Mahadevan, cautioning that such petitions undermine the very foundation of the judiciary.
“How can you challenge a Supreme Court judgment through a writ petition? Don’t bring down the judiciary in this country by filing such cases. We are restraining ourselves to a one lakh cost. We are not issuing contempt,” the apex court remarked while dismissing the plea.
The PIL, filed under Article 32 of the Constitution, sought “judicial reconsideration” of the blanket exemption granted to minority institutions from Section 12(1)(c) of the RTE Act, which mandates 25 per cent reservation for children from economically weaker and disadvantaged sections in private schools.
According to the petitioner, the Pramati judgment had “denied a class of children their fundamental right to free and compulsory education in diverse, inclusive environments” and had led to the creation of “parallel, segregated spheres” in the education system.
The plea argued that minority institutions, “while admitting students from the general category on a commercial and profit-oriented basis, deliberately evade their statutory and constitutional obligation” to include children from weaker sections.
It contended that such practices amounted to “blatant discrimination” in violation of Articles 14, 15(4) and 21A, insisting that the autonomy guaranteed to minority institutions under Article 30(1) could not be interpreted as an “unfettered licence to create exclusive educational enclaves.”
Earlier in October, a two-judge Bench of the Supreme Court referred to the Chief Justice of India (CJI) a PIL seeking a direction to make the Teacher Eligibility Test (TET) mandatory for all schools imparting education to children aged 6-14 years, including minority institutions.
Observing that the petition raised substantial questions of law, a Bench of Justices Dipankar Datta and AG Masih referred the matter to the CJI, who is the master of the roster, noting that similar petitions have already been referred to a larger Bench.
The PIL argued that the exclusion of minority-managed institutions from the purview of the RTE Act violates the fundamental rights to equality and education enshrined in Articles 14, 15, 16, 21, and 21A of the Constitution.
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