Andhra Pradesh High Court
Judges : G.S.SINGHVI, C.V.NAGARJUNA REDDY
D.SIVA PRASAD - Appellant
Versus
GOVERNMENT OF ANDHRA PRADESH, HIGHER EDUCATION (EC) DEPARTMENT - Respondent
Decided On : 07/27/2007
W. P. M. P. 20426 Of 2007
Public interest litigation – Andhra Pradesh unaided Non-Minority Professional institutions (Regulation of Admissions into under-graduate Professional Courses through common Entrance Test) Rules, 2006 – Rule 6 – Criminal Produce Code, 1973 – Sections 397 and 482 – Constitution of India, 1950 – Article 51-A – Education matter – Admission – Sought for striking down the Rules, 2006 – Petitioner, who is a practising advocate and has absolutely nothing to do with admission against 20% B-category seats in Under Graduate Professional Course in engineering (including Technology) has filed this petition in name of public interest litigation for striking down the Rules, 2006 and for issue of a mandamus to respondent Nos. 1 to 3 to ensure that admissions are made by respondent nos. 4 and 5 colleges after issuing notification in leading Telugu, Hindi and Urdu newspapers and national newspapers – Further prayed for issue direction to respondent nos. 4 and 5 to supply application forms to all candidates and make admissions in a fair manner as per merit – Held, A writ petitioner who comes to the Court for relief in public interest must come not only with clean hands like any other writ petitioner but also with a clean heart, clean mind and clean objective – Court must not allow its process to be abused for oblique considerations by masked phantoms who monitorattimes from behind. Some persons with vested interest indulge in the pastime of meddling with judicial process either by force of habit or from improper motives, and try to bargain for a good deal as well as to enrich them Often they are actuated by to win notoriety or cheap popularity – Petitions of such busybodies deserve to be thrown out by rejection at the threshold, and in appropriate cases with exemplary costs – In a given exceptional case where bona fides of a public interest litigant are in doubt, the court may still examine the issue having regard to the serious nature of the public cause and likely public injury by appointing an amicus curiae to assist court but under no circumstances with the assistance of a doubtful public interest litigant. No trust can be placed by the court on a mala fide applicant in public interest litigation – Court hold that the present one is not a piece of bona fide public interest litigation rather, it is a public gimmick and is liable to be dismissed – Hence Writ Petition dismissed.
( 1 ) THE petitioner, who is a practising advocate and has absolutely nothing to do with admission against 20% B-category seats in Under Graduate Professional Course in engineering (including Technology) has filed this petition in the name of public interest litigation for striking down the Andhra Pradesh unaided Non-Minority Professional institutions (Regulation of Admissions into under-graduate Professional Courses through common Entrance Test) Rules, 2006 (for short, the Rules) and for issue of a mandamus to respondent Nos. 1 to 3 to ensure that admissions are made by respondent nos. 4 and 5 colleges after issuing notification in leading Telugu, Hindi and Urdu newspapers and national newspapers. He has further prayed for issue of a direction to respondent nos. 4 and 5 to supply application forms to all the candidates and make admissions in a fair manner as per merit.
( 2 ) IN the affidavit filed by him, the petitioner has tried to establish his locus to file litigation pro bono publico by stating that he had filed writ Petition No. 1998 of 2005 for declaring the strike by the Andhra Pradesh State Road transport Corporation employees as illegal. He has then made a reference to Rule 6 of the Rules and averred that respondent Nos. 4 and 5 are making admissions without issuing advertisement; that they are not issuing applications for admission against 20% b-category seats and that the admissions are being made on selective basis and by collecting money in the guise of donations. In paragraph 21 of his affidavit, the petitioner has averred that three meritorious candidates namely, M. Ratin, B. Swaroop Kumar and k. Srinivasulu Reddy, who have secured 95%, 92% and 82. 60% marks respectively, have not been favoured with any response despite the fact that they had applied long back.
( 3 ) WE have heard Shri M. Satyanarayana goud, learned counsel for the petitioner and carefully scanned the averments contained in the writ petition. In our opinion, the petitioner does not have the locus to invoke jurisdiction of this Court through this so-called pro bono publico litigation. The mere fact that the petitioner had earlier filed writ petition to highlight the sufferance of the public due to strike by the employees of Andhra Pradesh state Road Transport Corporation is not at all sufficient for entertaining his locus to question the procedure being adopted by respondent nos. 4 and 5 for making admissions in Undergraduate engineering Courses. In the context of the prayer made by him, the petitioners position is nothing more than a mere bystander or busybody. He has no concern, direct or indirect, with the admissions in the Undergraduate engineering Courses. If he had any tangible interest in the matter, he would have, before seeking intervention of the Court, made a representation to respondent Nos. 1,2 and 5 to 7 to highlight the alleged irregularities being conducted by respondent Nos. 4 and 5 in making admissions and implored upon them to take corrective measures. However, the fact of the matter is that he has simply walked into the Court by filing petition in the name of public interest litigation.
( 4 ) IN early eighties, the Courts entertained petitions pro bono publico filed by social activists and other public spirited persons to highlight the issues relating to the plight of the poor, downtrodden and have-nots of the society and,. denial of basic rights to them because people belonging to those groups/ classes were not able to seek intervention of the Court on account of ignorance, illiteracy, poverty and similar other disabilities. In later years, the Courts also entertained petitions filed for highlighting wrong done by the State to the general public. Even the cases of corruption were brought to the notice of the court through the mechanism of public interest litigation. This encouraged a large section of unscrupulous litigants to file frivolous and vexatious petitions in the name of public interest litig
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