The Supreme Court on Friday slapped a Non-Profit Organisation (NGO) with a fine of Rs 1 lakh over a writ petition filed against an order of a constitutional bench. The SC bench, in its order, had excluded madrasas and other minority institutes from the ambit of the Right of Children to Free and Compulsory Education (RTE) Act.
The petition called the SC bench’s judgment to keep the minority institution out of the RTE ambit ‘unconstitutional’.
"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," a bench of Justices BV Nagarathna and R Mahadevan said.
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The bench added that the NGO had tried to bring down the judiciary by filing such a case, adding, "You don't know the seriousness of your case. We are restraining ourselves to Rs 1 lakh cost. Don't bring down the judiciary in this country by filing such cases.”
The bench further said that it will have to penalise the advocates who were given such advice and took the matter to the SC.
Calling the move ‘grossest abuse’, the bench added, "You are law-knowing citizens and professionals, and you file a writ petition challenging the judgment of this court under Article 32?”
When the advocate tried to withdraw the petition, the court refused to do so and said, "Let this be a lesson to all others who are trying to do this to the Supreme Court."
The SC bench was hearing a writ petition, which demanded that the SC set aside its 2014 judgment and bring minority institutes under the ambit of RTE 2009.
What NGO Petition Demanded From SC Bench
The petitioner has urged the Supreme Court to:
- Declare that the complete exemption given to minority educational institutions from the Right to Education (RTE) Act, as upheld in the 2014 Pramati Educational & Cultural Trust judgment, is ‘unconstitutional’.
- Strike down the blanket immunity that frees these institutions from all RTE obligations.
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- The petition also demanded a direction to all minority institutions, aided or unaided, to comply with reasonable regulatory provisions of Section 12(1)(c) of the RTE Act, ensuring quality, inclusivity, and accountability.