The Supreme Court on Monday expressed
strong disapproval of a writ petition that sought to challenge its earlier
judgment exempting minority educational institutions from the applicability of
the Right to Education (RTE) Act. While hearing the matter, the Court made it
clear that such petitions undermine the authority of the judiciary and
constitute a serious misuse of constitutional remedies. A Bench comprising
Justice B.V. Nagarathna and Justice R. Mahadevan imposed costs of Rs.1 lakh on the
petitioner, observing that the penalty should serve as a deterrent to others
who may attempt to file similar pleas.
The petition had been filed by the NGO
United Voice for Education Forum, which questioned the constitutional validity
of the exemption granted to minority educational institutions from the RTE Act.
The petitioner contended that granting such exemption amounted to a blanket
immunity that violated the principles of equality and fairness in access to
education. The plea sought directions from the Supreme Court to reconsider its
settled position that minority institutions are outside the purview of the RTE Act.
At the outset, the Bench expressed its deep
displeasure with the very filing of the petition. The Court noted that the
petitioner was effectively attempting to challenge a final judgment of the
Supreme Court by invoking Article 32 of the Constitution, which was
impermissible. The judges observed that allowing such petitions would erode the
credibility and finality of judicial decisions and disturb the functioning of
the entire judicial system. They remarked that repeated challenges to concluded
judgments, especially before the same Court, amounted to a gross abuse of the
process of law.
The Bench also directed sharp criticism at
the legal advice that led to the filing of the plea. The Court emphasized that
advocates, as officers of the court and trained legal professionals, bear a
responsibility to uphold the integrity of the judicial system. Filing petitions
that question the authority of the Supreme Court itself, the Bench noted,
reflects a serious lapse in professional responsibility. The judges observed
that indiscriminate use of writ jurisdiction to reopen settled law could compel
the Court to consider imposing penalties not only on litigants but also on
legal practitioners who encourage such actions.
While refraining from initiating contempt
proceedings, the Court made it clear that the conduct in question came
dangerously close to inviting such action. The Bench stated that it was
exercising restraint in limiting the consequences to the imposition of costs,
but warned that repeated instances of similar misuse would not be treated
leniently in the future. The judges emphasized that litigants and lawyers must
understand the gravity of approaching the Supreme Court and the limited scope
within which its extraordinary jurisdiction can be invoked.
The Court reiterated that the issue raised
in the petition had already been conclusively settled in its 2014 judgment,
which held that the RTE Act does not apply to minority educational institutions
protected under Article 30(1) of the Constitution. That decision recognized the
constitutional right of religious and linguistic minorities to establish and
administer educational institutions of their choice, free from certain
statutory obligations that may interfere with their autonomy.
Concluding the hearing, the Supreme Court
underscored that the judiciary’s authority rests on respect for finality of
judgments and responsible litigation. The imposition of costs, the Bench
observed, was intended to send a clear message that the Court would not
tolerate attempts to destabilize the judicial system through frivolous or
misguided petitions.