The petitioner argued that the rights of minorities in these states are illegally transferred to the majority community of the state under Articles 29 to 30 because the Center did not register them as a “minority” under NCMEI law.
The petitioner also asked the Apex Court to instruct and explain that Section 2 (f) of the National Commission for Minority Education Institutions 2004 Act is arbitrary, irrational and in violation of Articles 14, 15, 21, 29 and 30 of the Constitution.
Upadhyay asserted before a bank with Judges Sanjay Kishan Kaul, Ajay Rastogi, and Aniruddha Bose that the facts behind the lawsuit began on January 6, 2005, when the law came into effect and unrestrained power under S. 2 (f), Center, arbitrarily notified 5 municipalities viz. Muslims, Christians, Sikhs, Buddhists and Parsee as a minority nationally violated the spirit of TMA Pai rule.
“The reason for action continues to this day because followers of Judaism, Bahaism and Hinduism, who are genuine minorities in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur, cannot set up and manage educational institutions of their choice because of the failure to identify “minorities” at the state level, which endangers their basic rights guaranteed under Articles 29-30, “the petition said.
After a brief hearing on the matter, the bank issued a notice that was refundable within six weeks.
The petitioner alleged that Lakshadweep (96.58 percent) and Kashmir (96 percent) have a majority of Muslims, and Ladakh (44 percent), Assam (34.20 percent) and West Bengal (27.5 percent) have significant populations consists. Kerala (26.60 percent), Uttar Pradesh (19.30 percent) and Bihar (18 percent); can set up and manage educational institutions of their choice.
“Christians are the majority in Nagaland (88.10 percent), Mizoram (87.16 percent) and Meghalaya (74.59 percent), and there is a significant portion of their population in Arunachal, Goa, Kerala, Manipur, and Tamil Nadu West Bengal also set up and manage.
“Hindus are only 1 percent in Ladakh, 2.75 percent in Mizoram, 2.77 percent in Lakshadweep, 4 percent in Kashmir, 8.74 percent in Nagaland, 11.52 percent in Meghalaya, 29 percent in Arunachal Pradesh, 38, 49 percent in Punjab 41.29 percent in Manipur, but the Center has not declared them a “minority” so that Hindus are not protected under Articles 29 to 30 and cannot establish and manage an educational institution of their choice, “the complaint stated.
The petitioner prayed before the Supreme Court: “Alternatively, you can establish and declare educational institutions of your choice in the minorities of Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur Manage the sense of the TMA Pai ruling. ”