How To File PIL In High Court For Exam Papers Leaked And Exam Postponed?

The Public Interest Litigation (PIL) is a potent instrument for socially responsible persons who want to change the system through the legal system. These days, public interest litigation matters that are won or lost in India's High Court or Supreme Court frequently make the news. A PIL case undoubtedly affects the lives of those who are somehow linked to the issue, whether it is successful or unsuccessful.

Due to his contributions to Public Interest Litigation jurisprudence, Justice Bhagwati, who served as Chief Justice of India from July 12, 1985, to December 20, 1986, is frequently considered the originator of India's public interest litigation. Public interest litigation (PIL) can take two different forms: exemplary social action, Social Action by Citizens

Any Indian citizen or organization may bring a Public Interest Litigation (PIL). The only requirement is that it must be filed in the public interest as opposed to considering any sort of private interest. When a case is of great public interest, the court may also take notice of it and appoint an attorney to represent the client. Depending on the circumstance, Public Interest Litigation (PIL) may be brought before the Supreme Court or the High Court. The Public Interest Litigation may be heard by either court.

How to file a PIL in India:

Before bringing a Public Interest Litigation before the courts, an individual (the petitioner) must conduct extensive research on the relevant subject. Once a person has made the decision to launch a Public Interest Litigation (PIL), he should gather all pertinent data and the necessary paperwork to support and defend his case. A public interest litigant may represent themselves in court or retain counsel. In general, it is always good to speak with an advocate before submitting a PIL.

• PIL In Supreme Court: Five copies of the petition must be submitted to the court if the person intends to file a PIL before the Supreme Court. Only after the Court issues a notice it is a copy of the Public Interest Litigation delivered to the respondent.
• PIL In High Court: Two copies of the petition must be submitted to the court if the individual intends to file a Public Interest Litigation in the High Court. Each defendant must also receive a copy of the petition in advance; documentation supporting this must be attached to the PIL.

Compared to other court cases, a PIL is inexpensive in and of itself. A court fee of Rs. 50 must be paid for each respondent and attached to the petition. The petitioner's choice of advocate will determine the cost of pursuing the matter, nevertheless. As PIL can be filed in the High Court, a lawyer should be appointed for this purpose. High court lawyers in Hyderabad can be appointed if PIL is filed in Hyderabad.  If PIL is filed in Lucknow then high court lawyers in luck now can be appointed. High court lawyers in Bangalore can be appointed if PIL is filed in Bangalore.

Issues on which PIL cannot be filed: 

According to a set of PIL guidelines published by the Supreme Court, the following issues are not eligible for PILs: 

• tenant-landlord issues
• Service matters
• topics relating to pensions and gratuities
• complaints against Central and State government agencies and local bodies that are not related to the items 1 through 10 in the list of recommendations
• admission to institutions of higher education and medicine
• petitions to have matters that are pending in the High Court or lower courts heard quickly

 Issues on which PIL can be filed: 

• violation of religious, constitutional, and human rights
• compel local government to perform a public duty
• implementation of government policy

 Case Laws: 

• In response to rumors of a leak, one Bhagchand Sharma, who took the just completed REET 2021 exam, filed a PIL with the Rajasthan High Court asking for the exam to be canceled. In Rajasthan's Gangapur City, the first FIR regarding the paper leak was filed. Judge Govardhan Barhdar of the division bench and Justice Manoj Vyas dismissed the plea, noting that because the petitioner was also a candidate, he should have brought the matter before the Single Bench. The division bench, however, cannot accept it in this instance. Bhagchand Sharma further demanded that any central investigating agency conduct an impartial probe in his plea.
• The application to put off the medical and dental admissions test was denied by the Delhi High Court. The petition was poorly drafted, and the court emphasized that it was already too late.

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