Supreme Court Imposes Rs 1 Lakh Fine on NGO for Challenging Minority Institutions' RTE Act Exemption

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New Delhi:

The Supreme Court imposed a Rs 1 lakh fine on an NGO Friday for filing a writ petition against a constitution bench order that had excluded madrasas and minority institutes from the Right of Children to Free and Compulsory Education (RTE) Act.

"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," stated Justices BV Nagarathna and R Mahadevan, condemning the NGO for labeling the 2014 judgment as "unconstitutional."

"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 emphasized.

The court also questioned the legal advisors behind the petition, warning, "We will have to penalise the advocates."

"You are law-knowing citizens and professionals, and you file a writ petition challenging the judgment of this court under Article 32?" the bench remarked, describing it as "grossest abuse."

When the petitioner's advocate requested to withdraw the petition, the court refused, stating, "No. Let this be a lesson to all others who are trying to do this to the Supreme Court."

"You want to crumble the judiciary of this country," the top court admonished.

The case involved a writ petition from an NGO seeking to overturn the Supreme Court's judgment exempting minority institutions from the Right of Children to Free and Compulsory Education Act, 2009.

The petitioner had requested a declaration that the exemption granted to minority educational institutions, as upheld in the Pramati Educational and Cultural Trust case, was unconstitutional in providing blanket immunity from RTE obligations.

Additionally, they sought a directive requiring all minority institutions, both aided and unaided, to comply with regulatory provisions under Section 12(1)(c) of the RTE Act to ensure quality, inclusivity, and accountability.

The petition also requested the formation of an expert committee to recommend a framework balancing Article 30 rights (minorities' right to establish and administer educational institutions) with Article 21A obligations (right to education).