The Supreme Court on Monday granted four weeks to the Centre to respond to a plea, which has sought directions for framing of guidelines for identification of minorities at the state level, contending that Hindus are in minority in 10 states.
A bench of justices S K Kaul and M M Sundresh posted the matter for hearing on May 10 and asked the Union of India to place its stand on record on a plea filed by advocate Ashwini Kumar Upadhyay.
At the outset, Solicitor General Tushar Mehta sought two weeks time, saying that he had not gone through the affidavit filed by the Ministry of Minority Affairs.
The ministry in the affidavit has told the top court that state governments can declare any religious or linguistic community, including Hindus, as minority within the said state.
Responding to the solicitor general's submission, the bench said, "The reply appears to be seen in the newspapers."
To this, Mehta said," In some of the PILs, the pleadings even before coming to the law officers, find their way to the media. Some PILs have that peculiarity."
The apex court noted Mehta's submission that he needs time to place the Centre's stand on record, and adjourned the matter.
"Solicitor General submits that couldn't place his stand on record as he has not vetted the affidavit even though it may have appeared in the newspapers. He requests four weeks time... We grant four weeks to the Centre. Rejoinder to be filed two weeks thereafter," the bench said.
The ministry has also submitted that matters concerning whether followers of Hinduism, Judaism and Bahaism can establish and administer educational institutions of their choice in the said states and those related to their identification as minority within the state may be considered at the state level.
Upadhyay had challenged the validity of section 2(f) of the National Commission for Minority Education Institution Act, 2004, alleging that it gives unbridled power to the Centre and termed it "manifestly arbitrary, irrational, and offending".
Section 2(f) of the Act empowers the Centre to identify and notify minority communities in India.
The plea, filed through advocate Ashwani Kumar Dubey, said that denial of benefits to the "real" minorities and "arbitrary and unreasonable" disbursements under schemes meant for them to the absolute majority infringes upon their fundamental right.
"In alternative, direct and declare that followers of Judaism, Bahaism and Hinduism, who are minorities in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur, can establish and administer educational institutions of their choice in spirit of the TMA Pai Ruling," the plea said.
The apex court in the TMA Pai Foundation case had held that the state is well within its rights to introduce a regulatory regime in the national interest to provide minority educational institutions with well-qualified teachers in order for them to achieve excellence in education.
Quoting Article 30 of the Constitution, the plea said that minorities whether based on religion or language shall have the right to establish-administer educational institutions of their choice.
The petition said that denial of minority rights to actual religious and linguistic minorities is a violation of the rights of minority enshrined under Articles 14 and 21 (no person shall be deprived of his life or personal liberty except according to procedure established by law) of the Constitution.
The apex court had earlier allowed a plea seeking transfer of cases from several high courts to it against the Centre's notification to declare five communities -- Muslims, Christians, Sikhs, Buddhists, and Parsis -- as minorities and tagged the matter with the main petition.
