Surya Namaskar in BMC schools: Bombay HC asks petitioners to seek redressal from state

The PIL said “the resolution passed by the BMC in August 2016 for making ‘Surya Namaskar’ and ‘yoga’ mandatory in all municipal schools at the time of prayers is illegal, null, void, bad in law and should be quashed and set aside by the High Court.” (File)

THE BOMBAY High Court on Friday asked petitioners challenging the Brihanmumbai Municipal Corporation (BMC)’s August 23 resolution which had mandated Surya Namaskar in all municipal-run schools, to first seek redressal from the state government.

According to the Public Interest Litigation (PIL), since children attending BMC-run schools mainly belong to poorer sections of the society and come from all religions, castes and community, “the resolution passed by the BMC in August 2016 for making ‘Surya Namaskar’ and ‘yoga’ mandatory in all municipal schools at the time of prayers is illegal, null, void, bad in law and should be quashed and set aside by the High Court.”

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Hearing the petition, the division bench of Chief Justice Manjula Chellur and Justice Mahesh Sonak asked whether representation was made before the state government under provisions of the BMC Act before judicial remedy was sought. The bench pointed out that a representation could be made before the state government on objections of a resolution passed by the BMC under Section 520 (B) of the BMC Act.

The court disposed of the PILs directing the state government to arrive at a decision within two weeks after a representation is made before them on the BMC decision.