The Supreme Court on Friday took strong exception to the filing of a writ petition that sought to challenge its earlier ruling which grants exemption to the minority schools from the provisions of Right to Education Act (RTE Act).
The bench of BV Nagarathna and Justice R Mahadevan saw it as an attempt to bring down the judiciary of the country.
"You cannot do this to Supreme Court. We are enraged. This is against the entire system of judiciary in this country if you start filing such cases. You don’t know the seriousness of your case. We are restraining ourself to 1 lakh cost. Don’t bring down the judiciary in this country by filing such cases," Justice Nagarathna remarked.
The Court also questioned how advocates were advising filing of such petitions against top court's own judgments.
"What is happening here? Advocates are giving such kind of advice? We will have to penalise the advocates. You are law knowing citizens, professionals, and you file a writ petition challenging the judgement of this Court under Article 32? Grossest abuse! We are restraining ourself. We are not issuing contempt," it said.
The Court then ordered imposition of ₹1 lakh costs on the petitioner United Voice for Education Forum.
"Let this be a message to others. You want to crumble the judiciary of this country," it said.
The writ petition had prayed for a declaration that the exemption granted to minority educational institutions, as upheld in Pramati Educational and Cultural Trust v. Union of India is unconstitutional to the extent that it grants blanket immunity to them from RTE obligations.
The plea also prayed that all minority institutions, aided or unaided, be directed to comply with Section 12(1)(c) of the RTE Act to ensure quality, inclusivity and accountability. The provision provides for reservation of 25 percent seats at the entry level for children from weaker sections and disadvantaged groups.
It also sought constitution of an expert committee to recommend a balanced framework reconciling Article 30 that guarantees minorities the right to establish and administer educational institutions of their choice, with Article 21A (right to education).
Pertinently, the NGO had moved the Court just three months after a bench of Justices Dipankar Datta and Manmohan questioned the decision of a Constitution Bench in Pramati Educational and Cultural Trust v Union of India. Expressing its doubts about the Constitution Bench decision, the Court had made a reference for a decision by a larger bench.
“Exemption of minority institutions from the RTE Act leads to fragmentation of the common schooling vision and weakening of the idea of inclusivity and universality envisioned by Article 21A. We are afraid, instead of uniting children across caste, class, creed, and community, it reinforces ‘divides’ and ‘dilutes’ the transformative potential of shared learning spaces," the Court had opined.
[Read Live Coverage]