Supreme Court Upholds Protection of Minority Institutions, Dismisses RTE Challenge

New Delhi, Dec 13, 2025: Reiterating the constitutional protection granted to minority educational institutions, the Supreme Court on Friday dismissed a writ petition that sought to reopen its settled position excluding minority institutions from the ambit of the Right of Children to Free and Compulsory Education (RTE) Act, 2009. While doing so, the court imposed a cost of Rs 1 lakh on the NGO that had approached it.

A bench comprising Justices BV Nagarathna and R Mahadevan strongly objected to the petition, which challenged the 2014 Constitution Bench judgment that exempted madrasas and other minority institutions from the provisions of the RTE Act, calling that verdict “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,” the bench observed.

The court emphasised that the earlier ruling had conclusively upheld the rights of minority institutions under Article 30 of the Constitution, which allows minorities to establish and administer educational institutions of their choice, free from undue state interference.

“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 said.

The judges also raised concerns over the legal advice provided to the petitioner, remarking, “It also questioned the advocates who were giving ‘such advices’.”

“We will have to penalise the advocates,” the bench added.

Taking serious exception to the manner in which the challenge was brought, the court said, “You are law-knowing citizens and professionals, and you file a writ petition challenging the judgment of this court under Article 32?” and described the move as the “grossest abuse”.

When the counsel appearing for the NGO sought permission to withdraw the petition, the court declined, 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 bench remarked.

The petition had sought to set aside the Supreme Court’s judgment that upheld the exemption of minority educational institutions from the RTE Act. The NGO had prayed for a declaration that the exemption, as upheld in the Pramati Educational and Cultural Trust case, was unconstitutional to the extent that it granted blanket immunity from RTE obligations.

It further sought directions requiring all minority institutions, whether aided or unaided, to comply with regulatory provisions under Section 12(1)(c) of the RTE Act, citing concerns of quality, inclusivity, and accountability. The petition also called for the constitution of an expert committee to recommend a framework balancing Article 30 rights with obligations under Article 21A, which guarantees the right to education.

Article 21A deals with the right to free and compulsory education, while Article 30 protects the rights of minorities to establish and administer educational institutions.

By Catholic Connect Reporter