The Supreme Court has sharply criticised an NGO for attempting to reopen a settled constitutional issue concerning the rights of minority educational institutions under the Right to Education (RTE) Act, 2009. In a strongly worded order, the Court imposed ₹1 lakh in costs on the petitioner, stating that it was “enraged” by the filing of a writ petition that sought to undermine a Constitution Bench judgment delivered by the Court itself.
The petition, filed under Article 32, asked the Supreme Court to revisit and overturn its 2014 decision in Pramati Educational and Cultural Trust v. Union of India, a landmark ruling that exempted minority-run institutions from certain requirements of the RTE Act, including the obligation to reserve 25% of their seats for children from economically weaker and disadvantaged sections. The NGO argued that this exemption created an imbalance between the constitutional right to education under Article 21A and the protections afforded to minority institutions under Article 30. It also requested that all minority schools—whether government-aided or privately run—be brought within the scope of the RTE Act and asked for the creation of an expert committee to develop a framework reconciling both constitutional rights.
The bench of Justices B.V. Nagarathna and R. Mahadevan reacted strongly, observing that a writ petition cannot be used to challenge a judgment of the Supreme Court, and certainly not one delivered by a Constitution Bench. The judges stated that permitting such petitions would fundamentally threaten the structure of judicial finality and hierarchy, warning that the “judiciary would crumble” if litigants were allowed to attack settled decisions through Article 32. The Court stressed that challenges to its judgments must follow the established routes of review or curative petitions, and that filing a fresh writ petition demonstrated a clear misunderstanding of constitutional procedure—or worse, an attempt to misuse judicial remedies.
The bench refused to allow the petitioner to withdraw the plea without consequence, emphasising that the act of bringing such a petition warranted a firm response. The Court said that those who advise or draft such proceedings may also need to be held accountable, as the legal profession carries a responsibility to safeguard the dignity of the judicial process. In ordering the NGO to pay ₹1 lakh, the Court sought to send a strong deterrent message, making it clear that attempts to bypass constitutional mechanisms and reopen long-settled issues will not be tolerated.
With this order, the Supreme Court has reinforced the principles of judicial discipline, constitutional propriety and the finality of its own rulings. It has also reaffirmed that the autonomy of minority educational institutions, as recognised in Pramati, remains firmly intact unless altered through proper constitutional channels.
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