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2025 DAILYLAW 136680 (ALL)

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

CMRA/55/2025 · 2025-05-02

Attau Rahman Masoodi, Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25578-DB Court No. - 1 Case :- CIVIL MISC REVIEW APPLICATION No. - 55 of 2025 Applicant :- Avika Foundation Thru. Its Chairman Secy. Vivek Kumar Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Higher Education Lko And 4 Others Counsel for Applicant :- Arvind Kumar Maurya Counsel for Opposite Party :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Arvind Kumar Maurya, learned counsel for the applicant. 2. By means of the instant application the applicant has sought review of an order dated 03.03.2025 passed by this Court in Public Interest Litigation Petition No.196 of 2025, which reads as follows: "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." 3. While advancing submission for review of the aforesaid order learned counsel for the applicant has submitted that there is no absolute bar against entertaining public interest litigation petition in service matters. However, he could not place any case-law in respect of this submission. 4. A perusal of the aforesaid order dated 03.03.2025 makes it manifest that the public interest litigation petition was not dismissed on the ground that the same was not maintainable. Rather, it was dismissed on the ground that no illegality could be pointed out which might warrant interference by this Court when the selection process was at a nascent stage. 5. The petitioner/applicant is a trust and it had filed the public interest litigation petition against colleges which were advertising Group-C vacancy without following the prescribed procedure. No aggrieved person came forward to challenge any illegality in the selection process. It was not placed before this Court that the objects of the petitioner/applicant (trust) contemplate filing of such a petition or whether any interest of the trust was being affected by the selection process. No aggrieved person came forward to challenge any illegality in the selection process and in this background this Court had observed that a public interest litigation petition is discouraged in respect of service matters. The order dated 03.03.2025 does not suffer from any such error which may be apparent on the face of the record. 6. The review application lacks merits and the same is dismissed. [Subhash Vidyarthi,J.] [Attau Rahman Masoodi,J.] Order Date :- 2.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench