New Delhi: In a strong affirmation of constitutional safeguards for minority educational institutions, the Supreme Court on Friday dismissed a writ petition challenging the exemption of such institutions from the provisions of the Right of Children to Free and Compulsory Education (RTE) Act, 2009. The bench also imposed a cost of Rs 1 lakh on the NGO that had filed the petition, underlining the seriousness of misusing judicial processes.
The bench, comprising Justices BV Nagarathna and R Mahadevan, took a stern view of the petition, which sought to revisit the 2014 Constitution Bench judgment that exempted madrasas and other minority-run schools from mandatory RTE compliance. The court described the challenge as an attempt to undermine the judiciary and called it the “grossest abuse” of constitutional provisions.
“You cannot do this to the Supreme Court. We are enraged. This is against the entire system of judiciary in this country if you start filing such cases,” the bench remarked, stressing that the earlier ruling had already conclusively protected the rights of minorities under Article 30 of the Constitution, which guarantees the freedom to establish and manage educational institutions without undue state interference.
Highlighting the gravity of the petition, the court also questioned the legal guidance provided to the NGO. “It also questioned the advocates who were giving ‘such advices’. We will have to penalise the advocates,” the judges said, warning that frivolous challenges could erode public confidence in the judiciary.
When the counsel for the NGO requested permission to withdraw the petition, the bench refused, noting, “No. Let this be a lesson to all others who are trying to do this to the Supreme Court,” and added, “You want to crumble the judiciary of this country.”
The petition had argued that the exemption granted under the Pramati Educational and Cultural Trust case was unconstitutional, seeking directions to bring all minority institutions, whether aided or unaided, under Section 12(1)(c) of the RTE Act. It also proposed setting up an expert committee to balance minority rights under Article 30 with the state’s obligation under Article 21A, which guarantees the right to free and compulsory education.
In its ruling, the Supreme Court reiterated that Article 21A cannot override Article 30, affirming that minority institutions retain autonomy over administration, admission policies, and educational frameworks. By rejecting the petition, the court reinforced the constitutional equilibrium between ensuring education for all children and protecting minority rights, sending a clear message that attempts to challenge settled constitutional positions would not be tolerated.
The judgment has been widely hailed by minority educational bodies as a reaffirmation of their constitutional protections, while also underscoring the judiciary’s commitment to uphold the integrity of its processes against misuse.