Based on the ground that the Hindu Religion based song is a religious instruction which creates a lot of obstacles in developing a scientific temperament among students a petition was filed that the song should not be a morning prayer in all the 1,125 Kendriya Vidyalayas which are presented across the country. Any particular religion should not be propagated by any state-funded institution or school is what the petitioner’s contention was.
The matter was placed before CJI to constitute a bench as the Justice R F Nariman and Justice Vineet Saran observed that an examination is required by a constitution bench.
Veenayak Shah who is a lawyer and his children were passed out of KV has filed the petition seeking that the court should direct to promote scientific learning among the students and requested to discontinue such religious related prayers during the morning assembly.
The petition said that the practice was invoking Article 28(1) which states “No religious instruction shall be provided in any educational institution wholly maintained by state funds”. The article prohibits any kind of teaching of religious customs, ways of worships or rituals in an institution which is maintained with state funds.
Petitioner said that, as this practice creates a Scientific Temperament among students instead of developing a Practical Outcome towards the Obstacles and hurdles faced in everyday life the practice of this would result in the development of an inclination towards seeking Refuge from Almighty.
There was a question raised during last July by Constitutional bench that whether religious functions can be held at places like public parks which are maintained by state funds. The bench was comprised of Justice Nariman and Justice Indu Malhotra in-front of whom the petition was filed seeking for permission to hold religious prayer gathering.
Grounds stated by the petitioner in the present case: