PIL filed purely on the basis of newspaper is not maintainable

BACKGROUND

• Indicating that it will not entertain PILs filed without any basis, the Madras High Court declined to entertain a PIL filed on the basis of newspaper reports.

• Earlier too in a petition, petitioner had alleged medical colleges in Tamil Nadu and Puducherry had been charging capitation fees ranging from Rs.35 lakh to Rs 75 lakh for MBBS admissions.

• In the above PIL, Swaminathan wanted the court to form a committee to determine admission and fee for MBBS courses, and monitor the refractive implementation with provisions to penalise errant institutions. He further alleged medical education has been commercialised because of the collection of capitation fees abnormally by medical colleges.

SUMMARY

• Senior Government Pleader, opposing the plea, submitted before the court that materials on record do not satisfy Rule 146A of the Rules of High Court.

• The bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly dismissed a PIL filed by a social worker seeking a direction to authorities to complete the reconstruction work of the Perumbuzha bridge.

• To authenticate his case, he had produced a report published in Malayali Manorama Daily newspaper. The report stated that, due to the regulations for the transport of vehicles through Perumbuzha bridge, the public at large is severely affected.

• It was observed that Public Interest Litigation filed purely on the basis of paper report is not maintainable, the Kerala High Court.

COURT'S POINT OF VIEW

• The Bench said that no public interest litigation is maintainable on the basis of newspaper reports unless ground work is done by the PIL-petitioner approaching the court.

• Giving due consideration to the decisions of the Hon'ble Supreme Court, on Public Interest Litigations, merely on newspaper reports, no writ petition can be filed.

• The Court also noted that as per Rule 146A, a person filing a Public Interest Litigation, in addition to the requirements stipulated in the other rules of this chapter, shall precisely and specifically affirm in the affidavit to be sworn to by him the public cause he is seeking to espouse, that he has no personal or private interest in the matter, that there is no authoritative pronouncement by the Supreme Court or the High Court on the question raised and that the result of the litigation shall not lead to any undue gain to himself or to anyone associated with him.

• It was added that due to the imperatives contained under Rule 146A of the Rules of High Court of Kerala, we are also of the view that the instant writ petition filed asPIL, does not satisfy the requirement.