'Grossest Abuse Of Process': Supreme Court Imposes ₹1 Lakh Cost On NGO For Filing Writ Petition Against Constitution Bench Ruling

The Supreme Court on Friday imposed a cost of ₹1 lakh on an NGO for filing a writ petition under Article 32 seeking to challenge the 2014 Constitution Bench judgment which upheld exemption of minority educational institutions from the Right of Children to Free and Compulsory Education Act, 2009.

A bench of Justice BV Nagarathna and Justice R Mahadevan dismissed the plea and described the petition as the grossest abuse of process.

"No writ petition is maintainable against judgement of the Supreme Court. This is the grossest abuse of the process of law and of the court. We dismiss this petition with cost of Rs. 1 lakh payable to the Supreme Court Legal Services Committee. We restrain ourselves from issuing any notice to the petitioner with regard to any contempt proceedings", he Court held.

Condemning the petitioner and its lawyer, Justice Nagarathna said this kind of petition would break down the process of the Court and ultimately crumble the judiciary. She said lawyers should not give advice that encourages petitions of this nature and added that the Court would have to start penalising for wrong advice. She said no order of the Supreme Court would remain final if such filings were entertained.

"This is the grossest abuse of process. 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", she said.

When the counsel appearing for the petitioner sought permission to withdraw the petition, the bench refused. Justice Nagarathna said the matter should remain on record as a lesson to others who attempt to file such writ petitions. She said this act was against the entire system of the judiciary in the country and added that the petitioner did not seem to understand the seriousness of the case. The Court said petitioners should not bring down the judiciary by filing such cases.

"No. Let this be a lesson to all others who are trying to do this to the Supreme Court. This is against the entire system of judiciary in this country. If you start filing such cases you don't know the seriousness of your case. Don't bring down the judiciary in this country by filing such cases", she said.

The writ petition, filed on December 02, 2025, sought three directions. It asked for a declaration that the exemption of minority educational institutions from the Right of Children to Free and Compulsory Education Act, 2009, as upheld in Pramati Educational and Cultural Trust v. Union of India (2014), was unconstitutional to the extent that it granted blanket immunity from RTE obligations.

It also sought a direction to all minority institutions, aided or unaided, to comply with Section 12(1)(c) of the RTE Act, 2009. Further, it sought the constitution of an expert committee to propose a framework that would reconcile Article 30 rights with Article 21A obligations.

The writ petition was filed after a bench of Justice Dipankar Datta and Justice Manmohan expressed doubts about the Pramati judgment and referred the issue to a larger bench. That bench had noted that the exemption of minority institutions from the RTE Act leads to "fragmentation of the common schooling vision and weakening of the idea of inclusivity and universality envisioned by Article 21A."

Case no. – W.P.(C) No. 1194/2025

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