The Supreme Court today said that India is a secular country and asked a public interest litigant as to why he has taken up the cause of right to education only for minority community and not majority.
The bench was hearing a public interest litigation (PIL) that asked for enforcement of the Right to Education Act (RTE Act) for the notified minorities.
A bench comprising of Justice KM Joseph and Justice BV Nagarathna said that when it comes to education emphasis cannot be given to minority alone.
Justice Joseph questioned as to why has the litigant has taken up the cudgels only for the minority, and excluded the majority?
He further said that religion is important when it is. Otherwise, we are a secular nation.
The Court, has given the petitioner the liberty for filing a fresh petition, after withdrawing the present one.
The petition was filed through advocate Ayush Negi who asked for the enforcement of Section 12(1)c of the RTE Act in light of the withdrawal of the pre-matric scholarship scheme for minorities.
The Section 12(1)c of the RTE mandates non-minority private unaided schools for keeping about 25 per cent of their entry-level seats for children belonging to disadvantaged sections of society.
As per the decision of the Union Minority Affairs Ministry to do away with the scheme, the petitioners said that the financial hardships and adverse educational impact thus caused to students of six notified minorities, the respondents are bound to implement the RTE Act.
In the hearing today, the advocate submitted that Section 12(1)c applies to all and the petition was only seeking its implementation.
Justice Nagarathna then said that the plea did not say the same.
The counsel replied saying, that the benefits will flow down to religious minorities as well. It should not look like it is for a religion, I will amend my prayers. I will file an application.”
The Court then allowed the petitioner to withdraw the plea.