'It's A Serious Issue, Undertake More Research': Karnataka High Court Permits Lawyer To Withdraw PIL To Limit Weight Of School Bags

The Karnataka High Court on Wednesday permitted the petitioner Advocate Ramesh Naik L to withdraw the public interest litigation filed by him seeking measures to minimise the weight of school bags carried by students of primary education.

A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal said “The party in person submits that as the petition was filed in a little hurry the necessary information could not be collected and as such seeks prayer to withdrawal the petition with a liberty to file a fresh PIL with all requisite necessary information. Allowed to withdraw, with liberty as prayed for.”

Before permitting to withdraw the petition, the court went through the records and material relied on by the petitioner and representation made by him to the authorities. Then it noted “Considering all the facts in our opinion the petition is a half baked attempt to approach this court. We state that the issue is of serious concern. It was expected of the petitioner to place on record material to show that the petitioner party in person, collected necessary information and then approached this court.”

It added “As we find this aspect is missing in the PIL we are unable to entertain this petition and accordingly it is dismissed."

The petitioner had contended that the plea has been filed with a concern about children's all round physical and mental health development. "If one tries to visualise the schooling process in the present time, one sees an image of the child with a bag on the shoulder. The very posture and expression on the face of the child gives an impression that the bag is very heavy for the child," the plea had stated.

Referring to the Centre's "Policy on School Bag- 2020" which sets a cap on the weight of school bags to be carried by students, Naik claimed that he has been a witness to the "plight" of primary school children carrying heavy school bags on their back in Tumkur, Bangalore and at many other places.

On this the court observed “You must do something, have you (petitioner) approached the department seeking information under the Right to Information Act, seeking details about the implementation of the policy/rules? What have you done?”

Then it said “The issue may be of serious concern, but we are not just going by dropping of hat on the ground, we want the petitioner to undertake more research and must exert more effort. You are a lawyer, you know the weapon available to..."

Case Title: Ramesh Naik. L v. State of Karnataka

Case No: WP 18915/2022

Citation: 2023 LiveLaw (Kar) 231

Date of Order: 21-06-2023