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Action Against Frivolous PILs: Bombay HC Deputes 'Serial Petitioner' As Para Legal Volunteer In Tribal Area To Collect Data From Students [Read Order]

Nitish Kashyap
22 July 2019 1:08 PM GMT
Action Against Frivolous PILs: Bombay HC Deputes Serial Petitioner As Para Legal Volunteer In Tribal Area To Collect Data From Students [Read Order]
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The Bombay High Court has passed a unique order in a Public interest Litigation filed by one Sapan Shrivastava, who has already filed more than 40 PILs before the High Court.

The bench of Chief Justice Pradeep Nandrajog and Justice NM Jamdar noted-

"Other than filing Public Interest Litigations we find that the Petitioner is not helping the Society by rendering services as a para legal volunteer.

Before any Public Interest Litigation filed by the Petitioner, or the ones which have already been filed, is considered by this Court we call upon the Petitioner to render service as a para legal volunteer."

Court went on to direct the petitioner to report to the Chairperson of the District Legal Services Committee, District Thane who would entrust para legal volunteer duties to the petitioner.

Court said-

The petitioner would be deputed as a para legal volunteer in the tribal area of District Thane and we direct that the Petitioner shall gather information from the said tribal areas on the following:

i) Number of tribal schools with hostels.

ii) Number of teachers working in the tribal schools.

iii) Number of tribal students admitted in the schools.

iv) Whether the tribal students are subjected to a regular medical checkup.

v) Petitioner would personally meet at least 100 tribal students and get the response whether they are satisfied with the education imparted to them.

Shrivastava is the same litigant against whom the High Court had previously made observations while dismissing his petition seeking admission for his son under the Right to Education Act as per the 25% quota reserved for children whose parent's earn less than Rs. 1,00,000 per annum.

Shrivastava had claimed he belonged to the economically weaker section and the same bench had noted-

"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."

Finally, Court ordered the current PIL to be listed after 14 weeks.

Click here to download the Order

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