JUDGMENT :

Did our Constitution intend to transform civil society composed in the polity; if so, in what manner? Does the word 'secular' in the Preamble denote the character of polity alone? Or, does it intend to give a new shape to civil society? What matters while imparting learning in elementary school? Did our Constitution conceive elementary education tightened within the boundaries of schools segregated on communal line slipping into the position dismantled in Brown v. Board of Education of Topeka, [347 U.S. 483]? These are the foremost questions that have come up for consideration while deciding the fate of this writ petition filed by a private unaided school, imparting elementary education, challenging the State's action of closing down the school on the premise that it promotes exclusive religious instruction and admits only students from one particular community thereby posing threat to the secular fabric of society.

2. These questions arise against the backdrop of declaring right to elementary education as a fundamental right under Article 21A of the Constitution of India and the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the “