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2025 DAILYLAW 126208 (ALL)

AVIKA FOUNDATION THRU. CHAIRMAN /SECY. VIVEK KUMAR LKO. v. STATE OF U.P. THRU. ITS SECY. DEPTT. OF HIGHER EDUCATION LKO. (U.P.) AND 4 OTHERS

WPIL/196/2025 · 2025-03-03

Attau Rahman Masoodi, Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12663-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 196 of 2025 Petitioner :- Avika Foundation Thru. Chairman /Secy. Vivek Kumar Lko. Respondent :- State Of U.P. Thru. Its Secy. Deptt. Of Higher Education Lko. (U.P.) And 4 Others Counsel for Petitioner :- Arvind Kumar Maurya,Kanchan,Pawan Verma Counsel for Respondent :- C.S.C.,Gaurav Mehrotra,Savitra Vardhan Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State and Ms. Maria Fatima, Advocate, who has put in appearance on behalf of opposite party no.2. The petitioner-Avika Foundation Trust has filed the present writ petition in the shape of public interest with the following main reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus directing the Respondents/Opposite Parties to take immediate appropriate action against aided Degree Colleges & Post Graduate Colleges affiliated with U.P. State Universities which are advertising the vacancies of Group-C Posts without following procedure prescribed. (ii) Issue a writ, order or directions in the nature of mandamus directing the Respondents/Opposite Parties to ensure the recruitment of Group-C Posts in accordance with the provision of Uttar Pradesh Subordinate Services Selection Commission Act, 2014." On a plain reading of the prayer clause in the light of the material placed on record, we do not gather any illegality for which interference in the writ petition at this nascent stage of selection is called for. Even otherwise, in respect of service matters, a Public Interest Litigation is discouraged in view of various pronouncements of Hon'ble the Supreme Court. For the reasons stated above, the instant P.I.L. being misconceived is dismissed. . [Subhash Vidyarthi, J.] [Attau Rahman Masoodi, J.] Order Date :- 3.3.2025 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench