PIL On RTE In Madrasas Rejected By Supreme Court With Rs 1 Lakh Fine

The Supreme Court on Friday decisively rejected a public interest litigation (PIL) seeking the enforcement of the Right to Education (RTE) Act in minority-run madrasas and other educational institutions.

The Bench, led by Justice BV Nagarathna and including Justice R Mahadevan, imposed a cost of Rs 1 lakh on the petitioner and expressed strong displeasure at the attempt to challenge a Constitution Bench ruling through a writ petition.

The court reaffirmed the landmark 2014 judgment in Pramati Educational and Cultural Trust v. Union of India, which held that the RTE Act does not extend to minority institutions.

Addressing the petitioner, the Bench remarked, “You cannot do this to the Supreme Court. We are enraged,” highlighting the gravity of attempting to circumvent a binding judgment.

The Bench further cautioned against undermining judicial authority, stating, “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.”

Petitioner’s Arguments

The PIL, filed under Article 32 of the Constitution, sought judicial reconsideration of the blanket exemption for minority institutions under Section 12(1)(c) of the RTE Act, which mandates 25 per cent reservation for children from economically weaker sections in private schools.

The petitioner argued that the Pramati judgment denied certain children their fundamental right to free and compulsory education, creating ‘parallel, segregated spheres’ within the education system.

According to the plea, minority institutions allegedly admit students from the general category on a commercial basis while evading statutory obligations to include children from weaker sections.

The petition contended that such practices amounted to ‘blatant discrimination’ in violation of Articles 14, 15(4), and 21A, emphasising that the autonomy under Article 30(1) does not grant minority institutions an unrestricted licence to exclude students.

Context and Previous Proceedings

In October, a two-judge Bench of the Supreme Court referred a PIL concerning mandatory Teacher Eligibility Tests (TET) for all schools, including minority institutions, to the Chief Justice of India.

The CJI, as the master of the roster, was asked to consider the matter in light of similar petitions pending before larger Benches.

The PIL argued that exempting minority-managed institutions from the RTE Act infringed fundamental rights to equality and education under Articles 14, 15, 16, 21, and 21A.

By dismissing the petition and imposing costs, the Supreme Court also reaffirmed that parties must respect the binding authority of its Constitution Bench judgments.

The ruling reinforces the balance between protecting minority rights and upholding the rule of law, emphasising the judiciary’s role in maintaining constitutional sanctity.

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