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Petitioner ne 15th Amendment ko Side mein rakhkar Junior Primary School mein Bhrtee Kee Maang Kee Thee,
Jis Par court ne kaha kee yeh PIL hai, Individual Petitioner kee request hotee to entertain karte
Agar uprokt baat likhne mein koee galtee ho to batayen.
HIGH COURT OF JUDICATURE AT ALLAHABAD
Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 24548 of 2014
Petitioner :- Atul Kumar Singh And 6 Others
Respondent :- State Of U.P. And 7 Others
Counsel for Petitioner :- D.P. Rajbhar
Counsel for Respondent :- C.S.C.,A.K. Yadav,A.S.G.I. 2014/9458,R.A. Akhatar
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Dilip Gupta,J.
In a petition which is purportedly filed in the public interest, the petitioners seek the following reliefs:
"I-Issue a Writ, order or direction in the nature of mandamus to Respondent No.-1 for completing the entire process till the substantive appointment and posting of Assistant Teachers to all the Petitioners as well as other similarly situated Candidates within a reasonable stipulated time period who have applied against the vacant post of 10,000 Assistant Teachers which has been initiated as per the advertisement dated 17-10-2013 (Annexure No.-4) under Rule-14 of '1981 rules' by different District Basic Education Officers from different districts prior to set aside order of 15th Amendment of '1981 rules' by Hon'ble Division Bench in the case of Shiv Kumar Pathak and Others (Supra).
II- Issue a Writ, order or direction in the nature of mandamus for Commanding to Respondent no.-1 for granting substantive appointment to all the Petitioners as well as other similarly situated candidates who have applied against the vacant Posts of 10,000 Assistant Teachers advertised on 17-10-2013 for Junior Primary schools in different districts."
The learned Standing Counsel has raised a preliminary objection to the maintainability of the public interest litigation on the ground that a public interest litigation in a service matter would not be maintainable. In Ayaaubkhan Noorkhan Pathan Vs. State of Maharashtra and others1, the Supreme Court followed the earlier decisions in Duryodhan Sahu Vs. Jitendra Kumar Mishra2, Dattaraj Nathuji Thaware Vs. State of Maharashtra3 and Neetu Vs. State of Punjab4 as regards the filing of a public interest litigation in service matters and held that such a course of action would not be permissible so far as service matters are concerned. Hence, following the well settled position in law, we decline to entertain this petition, which is purportedly filed in the public interest. However, we clarify that if the grievance is raised by an aggrieved individual, the dismissal of this public interest litigation shall not be construed as any finding of the Court on the merits of the issues raised. The petition is, accordingly, dismissed. There shall be no order as to costs.
Order Date :- 30.4.2014
VMA
(Dr. D.Y. Chandrachud, C.J.)
(Dilip Gupta, J.)
Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=3292942
