"Grossest Abuse," SC slaps Rs 1 lakh costs on NGO for filing a writ petition against its judgment

The Supreme Court today came down heavily on a NGO which filed a writ petition challenging an earlier judgment of the Supreme Court relating to minority institutions.

United Voice for Education Forum, an NGO had filed a writ petition seeking to set aside the top court’s 2014 decision to exempt minority educational institutions from the provisions of the Right of Children to Free and Compulsory Education Act, 2009.

"How can you file a writ petition against a judgment of this court? You want the system to break down? Tell us how much cost we should impose," Justice BV Nagarathna pulled up the counsel before it as the petition was taken up.

While dismissing the petition with a cost of Rs 1 lakh to be deposited within a period of one week with SC legal services committee, the bench also comprising Justice Mahadevan went on to observed, "This is against the entire system of judiciary..dont' bring down the judiciary in this country like this...we have to penalise advocates now, giving such advice. Grossest abuse..we are restraining ourself from issuing a contempt notice..".

When a request was made on behalf of the NGO to not impose costs, the bench said, "Let this be a message to others..you want to bring down the precedents of this court and ultimately crumble the judiciary..there is a way in which a matter can be set aside".

Notably, the Supreme Court's bench led by Justice BV Nagarathna recently also had said that once a special leave petition has been dismissed, no further petition should be filed, as the filing of such frivolous cases only adds to the court’s pendency, contributes to docket explosion and results in a waste of judicial time. 

In a similar case, a Public Interest Litigation (PIL) has been filed before the Supreme Court which alleged that amendments made to the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) were introduced after a meeting between Congress leader Rahul Gandhi and certain Muslim organisations.

A Bench of Justice Dipankar Datta and Justice Augustine George Masih had directed that the petition be placed before the Chief Justice of India since similar issues are already pending reference before a larger Bench. The court said the question of whether minority and religious institutions can be kept outside the RTE framework needs to be examined comprehensively by the Chief Justice.

In September this year, the Supreme Court had also referred the issue of minority schools being exempted from the ambit of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) before the Chief Justice of India. A bench of Justices Dipankar Datta and Manmohan questioned the court's 2014 judgment in Pramati Educational & Cultural Trust v. Union of India. "We respectfully express our doubt as to whether Pramati Educational and Cultural Trust (supra) [insofar as it exempts the application of the RTE Act to minority schools, whether aided or unaided, falling under clause (1) of Article 30 of the Constitution] has been correctly decided", the bench observed.

This order has been passed by the Supreme Court while dealing with civil appeals challenging judgments/orders of two of the three chartered high courts as regards applicability of the Teacher Eligibility Test to minority educational institutions and whether qualifying in the TET is a mandatory prerequisite for recruitment of teachers as well as promotion of teachers already in service.

Case Title: United Voice for Education Forum Vs Union of India

Bench: Justices Nagarathna and Mahadevan

Hearing Date: December 12, 2025