High CourtsDivision Bench(2020) 08 MP CK 0274

Samiksha Trivedi & Another vs State Of Madhya Pradesh & Another

Madhya Pradesh High Court · Decided on 31 August 2020

HON’BLE JUDGES
S. C. Sharma, J · Shailendra Shukla, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 10684 Of 2020

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Judgment

9 paragraphs · 309 words

The petitioners before this Court, who are aged about 18 years and are claiming themselves to be students, have filed this present petition by way of Public Interest Litigation. The petitioners have challenged notifications dated 09.10.2019 and 18.06.2020, by which, affiliation fees in respect of private colleges within the territorial jurisdiction of Vikram University, Ujjain has been fixed, meaning thereby two young persons have filed this present petition and have made a grievance against the University with regard to the affiliation fee.

The affiliation fee is charged by the University from private colleges and the petitioners are neither the owner nor in any way related to management of the private colleges.

The present writ petition appears to be a sponsored writ petition filed by the petitioners for grant of relief to private colleges.

Keeping in view the judgments delivered by the Hon'ble Supreme Court in the case of State of Uttrakhand v/s Balwant Singh reported in (2010) 3 SCC 400 and in the case of Tehseen Poonawala v/s Union of India reported in (2018) 6 SCC, the present writ petition deserves to be dismissed.

In the case of Tehseen Poonawala (supra), the Hon'ble Supreme Court has observed as under:-

"Misuse of Public Interest Litigation is a serious matter of concern for the judicial process. Frivolous or motificated petitioners, ostensibly involving the public interest detract from time and attention which Courts must devote to genuine causes."

This Court is of the considered opinion that the present petition is a sponsored writ petition at the behest of private colleges, and therefore, no case for interference is made out in the Public Interest Litigation. If private college is aggrieved in the matter, a writ petition can be filed straight away by any of the private colleges under Vikram University, Ujjain.

Accordingly, the present Writ Petition stands dismissed.

Certified copy, as per rules.