Prakash Shankar Gaikwad v. The Union of India Through its secretary and Ors.
Public Interest Litigation – maintainability
Case brief
What is this about?
Bombay High Court (Civil Appellate Jurisdiction), Public Interest Litigation No. 61 of 2025, decided 11th September 2025 by SHREE CHANDRASHEKHAR, CJ. and GAUTAM A. ANKHAD, J. Petitioner Prakash S/o. Shankar Gaikwad versus The Union of India & Ors.: PIL seeking writ of mandamus for circulars on capitation fee and admission of RTE Act, 2009 25% reserved quota students to Classes IX and X in private unaided schools; dismissed for want of foundation facts, quantifiable data and particulars; maintainability; assumptions and conjectures; roving inquiry. Counsel: Avdhut S. Hingne for petitioner; Neha S. Bhide (GP), O. A. Chandurkar (AGP), Apurva P. Thipsay ('B' Panel) for State.
What did the court decide?
This writ petition labeled as public interest litigation lacks foundation facts; the petitioner has approached the Court on a mere premise that students admitted under the 25% reserved quota cannot pay school fee/capitation fee.