Teachers of Shri Khandelwal Vaishya Hitkarani Sabha v. State
2003-01-07
GYAN SUDHA MISRA, M.R.CALLA
body2003
DigiLaw.ai
JUDGMENT 1. 1. By this common order the writ petition filed on behalf of the teachers of various Educational Institution being run by Shri Khandelwal Vaishya Hitkarani Sabha, Station Road, Ganga Mata Mandir, Jaipur and the application under Article 226 R/W Order 1, Rule 10 CPC filed by Shri Krishna Avtar Tambi, for impleading him as a party in the petition are being decided. A letter dated 23.10.2002 was addressed to Hon'ble the Chief Justice Rajasthan High Court Jaipur and a copy thereof was endorsed to Hon'ble Mr. Justice S.K. Keshote. In the letter, prayer was made that the teachers be directed to be paid their due salary by the Society and also direct them to evolve such arrangement by which the elections of the Society be held regularly in future. A letter addressed to the Hon'ble the Chief Justice and Hon'ble Mr. Justice S.K. Keshote is also found to be available on record. It appears that on the basis of this letter dated 23.10.2002, the Division Bench consisting of Hon'ble Mr. Justice S.K. Keshote and Hon'ble Mr. Justice F.C. Bansal passed the order dated 28.10.2002 and thereafter the matter has come up before us today on the application moved by one Shri Krishnavtar Tambi for impleading him as a party in the writ petition. 2. Mr. B.L. Gupta and Mr. Akhil Simlot appearing for the respondents submitted that this matter does not involve any element of public interest whatsoever as the grievance which has been raised in the petitioner is with regard to non holding of election in the Society and that certain teachers working in the educational institution being run by that Society are not being paid their salary. It is also submitted that the election of the Society are in process. 3. Having heard learned counsel, we are of the opinion that the present petition has nothing to do with public interest. On the contrary, it is an abuse of public interest litigation and hence the petition cannot be entertained as public interest litigation. Consequently, there is no question of Shri Krishnavatar Tambi being impleaded as party to the petition. 4. In the result, the writ petition as well as the application are, rejected.Writ Petition Along With Application for Impleadment Dismissed. *******