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SC Imposes ₹1 Lakh Costs on NGO for Petition Challenging Verdict Exempting Minority Schools from RTE Act

By Samriddhi Ojha      13 December, 2025 07:41 PM      0 Comments
SC Imposes 1 Lakh Costs on NGO for Petition Challenging Verdict Exempting Minority Schools from RTE Act

New Delhi: The Supreme Court of India has expressed strong displeasure and imposed costs of ₹1 lakh on an NGO for filing a writ petition seeking to challenge a Constitution Bench judgment that exempted minority educational institutions from the applicability of the Right of Children to Free and Compulsory Education Act, 2009. A Bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan held that the petition amounted to a “gross abuse of the process of law,” reiterating that no writ petition is maintainable against a judgment of the Supreme Court.

The petition under Article 32, filed by United Voice for Education Forum, sought to reopen the Court’s 2014 decision in Pramati Educational and Cultural Trust v. Union of India, which held that minority institutions are exempt from the obligations under Section 12(1)(c) of the RTE Act. The petitioner argued that granting a blanket exemption undermined inclusive education and sought fresh directions mandating minority schools to comply with RTE norms intended to regulate standards, ensure accountability, and prevent discriminatory practices.

The Court, however, was categorical in holding that settled constitutional questions cannot be agitated through fresh writ petitions. The Bench remarked:

“No writ petition is maintainable against a judgment of the Supreme Court. This is the grossest abuse of the process of law and of the Court.”

In a strongly worded observation reflecting concern for judicial discipline, the Court further stated:

“This will break down the process of this Court and ultimately crumble the judiciary. No order of this Court will be final. What kind of advice advocates are giving? We will have to start penalising for wrong advice.”

Emphasising the finality of Supreme Court judgments, the Bench clarified that the Constitution provides specific mechanisms to challenge them in the form of review petitions and, in exceptional circumstances, curative petitions. The Court refused the petitioner’s request to withdraw the matter without penalty, holding that the case must remain on record to deter similar attempts to reopen settled legal positions.

The ruling also reaffirmed the autonomy granted to minority educational institutions under Article 30(1) of the Constitution. The Bench noted that the exemption recognised in Pramati is a constitutional determination and cannot be revisited through collateral proceedings disguised as public interest litigation.

Concluding the proceedings, the Court dismissed the petition and directed the petitioner NGO to deposit ₹1 lakh with the Supreme Court Legal Services Committee.

Case Details:

Case Title: United Voice for Education Forum v. Union of India

Case Number: Writ Petition (Civil) No. 1194 of 2025

Court: Supreme Court of India
Bench: Justice B.V. Nagarathna and Justice R. Mahadevan

Date of Order: 12 December 2025

Advocate for the Petitioner: Sumitra Kumari Choudhary
 



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Samriddhi is a legal scholar currently pursuing her LL.M. in Constitutional Law at the National Law ...Read more



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