Supreme Court Fines NGO ₹1 Lakh for Challenging RTE Exemption to Minority Schools
The Supreme Court on Friday strongly criticised an NGO for filing a writ petition that attempted to challenge its own earlier judgment exempting minority educational institutions from the Right to Education (RTE) Act. The Court said such a plea amounted to a serious misuse of the judicial process.
A Bench of Justice B.V. Nagarathna and Justice R. Mahadevan imposed a cost of ₹1 lakh on the petitioner, United Voice for Education Forum. The judges made it clear that judgments of the Supreme Court cannot be challenged through a fresh writ petition under Article 32 of the Constitution. Calling the move irresponsible, the Court said it could undermine the authority and dignity of the judiciary.
The Bench also expressed concern over the role of lawyers who advised filing such a petition. It observed that legal professionals are expected to understand the gravity of approaching the Supreme Court against its own final decisions. The Court termed the petition a “gross abuse” of constitutional remedies, though it chose not to initiate contempt proceedings.
The NGO had sought a declaration that the exemption granted to minority institutions from RTE obligations, as upheld in Pramati Educational and Cultural Trust v. Union of India, was unconstitutional. It further demanded that minority schools be directed to reserve 25% seats for children from economically weaker sections under Section 12(1)(c) of the RTE Act.
The Court noted that the plea was filed just months after another Supreme Court Bench had already referred questions on the RTE exemption issue to a larger Bench for reconsideration. In this backdrop, filing a separate writ petition was found to be unnecessary and improper. The Supreme Court said the penalty should act as a warning against filing frivolous or misguided petitions that attempt to weaken public confidence in the judicial system.
