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2013 DIGILAW 1028 (HP)

Court on its own Motion v. Principal Secretary (Education) to Government of HP

2013-12-17

KULDIP SINGH, MANSOOR AHMAD MIR

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JUDGMENT Mansoor Ahmad Mir, ACJ (Oral) Mr. Avneesh Bhardwaj and Mr. Varun Chandel, Advocates have stated at the Bar that they have filed objections by way of CMP Nos. 11211 and 20968 of 2013, as objectors. 2. We have gone through this Public Interest Litigation which has been initiated by this Court on a letter submitted by some interested persons. 3. The dispute involved in this Public Interest Litigation is relating to the service matter. It is beaten law of the land that no Public Interest Litigation shall lie relating to service matters. The Apex Court in Girjesh Shrivastava & Ors v. State of M.P. & Ors., reported in 2010 AIR SCW 7001, Ayaaubkhan Noorkhan Pathan v. State of Maharashtra and Ors., reported in 2012 AIR SCW 6177 and State of Punjab v. Salil Sabhlok and Ors., reported in 2013 AIR SCW 1697, has held that no Public Interest Litigation will lie in such matters. It is apt to reproduce para 13 of the judgment in Ayaaubkhan Noorkhan Pathan v. State of Maharashtra and Ors., reported in 2012 AIR SCW 6177: “13. Even as regards the filing of a Public Interest Litigation, this Court has consistently held that such a course of action is not permissible so far as service matters are concerned. (Vide: Dr. Duryodhan Sahu & Ors. V. Jitendra Kumar Mishra & Ors., AIR 1999 SC 114 : (1998 AIR SCW 3467); Dattaraj Natthuji Thaware v. State of Maharashtra, AIR 2005 SC 540 : (2005 AIR SCW 46); and Neetu v. State of Punjab & Ors., AIR 2007 SC 758 : (2007 AIR SCW 448).” 4.Having said so, the present Public Interest Litigation is not maintainable. However, the aggrieved/ interested parties have a right to seek appropriate remedy at an appropriate stage. Accordingly, the present Public Interest Litigation is disposed of alongwith all pending applications and directions passed from time to time in this petition are vacated. 5. All the writ petitions tagged with this Public Interest Litigation and listed today be de-linked and be listed on 20.3.2014 separately.