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"You Have Money To File 25 PILs And Claim To Belong To EWS!' Bombay HC Dismisses Plea Seeking Admission Under RTE [Read Judgment]

Nitish Kashyap
9 July 2019 1:39 PM GMT
You Have Money To File 25 PILs And Claim To Belong To EWS! Bombay HC Dismisses Plea Seeking Admission Under RTE [Read Judgment]
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The Bombay High Court recently took a stern stand against frivolous petitions/PILs and dismissed a petition filed by one Sapan Shrivastava seeking admission for his son under Right to Education Act. Sapan, who admittedly has filed more than 25 petitions before the High Court so far had claimed to belong to economically weaker section. Division bench of Chief Justice Pradeep Nandrajog...

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The Bombay High Court recently took a stern stand against frivolous petitions/PILs and dismissed a petition filed by one Sapan Shrivastava seeking admission for his son under Right to Education Act. Sapan, who admittedly has filed more than 25 petitions before the High Court so far had claimed to belong to economically weaker section.

Division bench of Chief Justice Pradeep Nandrajog and Justice NM Jamdar asked the petitioner at the very outset about the total number petitions he had filed.

The petitioner replied he does not know the exact number but "the same is not less than 25."

In the petition, Sapan has claimed he belongs to the economically weaker section of the society with an income of less than Rs. 1,00,000 per annum. Petition argued that Sapan's son is entitled to admission in a private school in the 25% quota for children whose parents have income of less than 1 lakh per annum.

The bench was not satisfied and observed-

"It cannot be that the Petitioner has means to pay money and obtain information under the Right to Information Act and file as many as 25 Public Interest Litigations and at the same time claims to be from the economically weaker section of the society.

It also has to be noted that in all the PILs filed by the Petitioner, as per rules of this Court on oath he has been stating that the entire money spent in filing and prosecuting the Public Interest Litigations are from his own sources.

We are of the opinion that the assertion of the Petitioner that his income is less than ₹ 1,00,000/- per annum is incorrect. The Petitioner is not entitled to have his son admitted in any school in the 25% quota reserved for children whose parents' income is less than ₹ 1,00,000/- per annum. The Petition is dismissed."

Click Here To Download Judgment

[Read Judgment]

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