Let state decide on suryanamaskar in BMC schools: Bombay High Court

The Bombay high court (HC) on Friday directed a petitioner to challenge the Brihanmumbai Municipal Corporation’s (BMC’s) resolution, which made suryanamaskar compulsory in all civic-run schools, before the state government.

The court also directed the government to decide on the petitioner’s representation within two weeks of the latter making it.

“First, you exhaust all the remedies that you have under the Mumbai Municipal Corporation Act (MMCA) and then approach the high court,” the court told the peitioner.

“According to section 520(B) of the Mumbai Municipal Corporation Act, if anyone has any objections to or wants to challenge a resolution passed by the BMC, they can challenge the same before the state government and the state has the right to set aside the said resolution if it finds it to be wrong,” the HC added.

A division bench of Chief Justice Manjula Chellur and Justice M.S. Sonak was hearing a public interest litigation filed by social activist Masood Ansari and municipal corporator Raees Shaikh. On August 23 this year, the BMC had passed a resolution that made suryanamaskar and yoga compulsory for all BMC school students.

The PIL stated that the students in BMC schools come from different religions, castes and communities. Therefore, making suryanamaskar compulsory is in violation of their fundamental rights, as well as the RTE Act, 2009, and this resolution is mala fide and perverse, it adds.