Public Interest Litigations related to service matters are not maintainable as per constitutional precedent, as established in Duryodhan Sahu (Dr.) vs. Jitendra Kumar Mishra.

Judgment :

Sujoy Paul, J.

1. In this public interest litigation, the petitioners have prayed for following

relief:

“Under the above facts and circumstances, it is prayed that your Lordship may be graciously pleased to issue:-

a) A writ and/or Writs commanding the respondent concerned, their agent, men, sub-ordinates and each of them to set aside the purported selection process for the post of Data Entry Operator, Consultant, Junior Consultant etc. in different Office like, Districts, Sub-Division, Block and/or Panchayet, Library offices and others department throughout the State of West Bengal in Bangla Sahayata Kendtra in 2020, 2021 and 2022 and further more to direct the Recruitment Agency to initiate fresh recruitment process in accordance with law forthwith.

b) Writ and/or Writs commanding the respondent concerned, their agent, men, sub-ordinates and each of them not to issue any further appointment letter on the basis of the said purported selection process for the post of Data Entry Operator Consultant, Junior Consultant etc. in different office like Districts, Sub-Division, Block and/or Panchayet, Library offices forthwith.

c) Writ and/or Writs in the nature of Certiorary directing the Respondent concerned to produce all relevant documents concerning entire selection process for the post of Data Entry Operator, Consultant, Junior Consultant etc. in different Office like, Districts, Sub-Division, Block and/or Panchayet, Library offices forthwith.

d) Rule NISI in terms of the prayers (a), (b) and (c) herein above.

e) An interim order or injunction restraining the Recruitment Agency/WEBEL not take any further steps for filing up notified vacancy of Data Entry Operator, Consultant, Junior Consultant in different Office of Districts, Sub-Division, Block and/or Panchayet, Library offices and others department throughout the State of West Bengal in Bangla Sahayata Kendtra pursuant to the purported notifications published in Electronic Media in 2022 forthwith.

f) Any other of further writ or writs order or orders, direction or directions as your Lordship may deem fit and proper.

And for this your, petitioners as in duty bound shall ever pray.”

(Emphasis Supplied)

2. This matter was heard on the question of maintainability. The objection of maintainability is that the petitioners themselves submitted their candidature for the post of Data Entry Operator. They participated in the selection process but could not succeed in the same. Thereafter, they filed the present PIL. Since, they are persons interested, this PIL is not maintainable, although the persons interested can file and maintain a regular writ petition. The second objection is that after having participated in the selection process without any demur, it is no more open to the petitioners to assail the selection process after becoming unsuccessful. It is also strenuously argued by Mr. Jahar Lal De and Mr. Rudranil De that the petitioner has essentially filed this PIL in a ‘service matter’ which is not maintainable. Reference is made in the case of K.H Siraj vs. High Court of Kerala & Ors., reported in (2006) 6 SCC 395 , Holicow Pictures (Pvt.) Ltd. Vs. Prem Chandra Mishra & Ors. reported in (2007) 14 SCC 281 and HC Pradeep Kumar Rai vs. Dinesh Kumar Kumar Pandey , reported in 2015 AIR SCW 3348 .

3. Learned counsel for the petitioner urged that there is no suppression of fact on the part of the petitioner. In Para 8 of PIL, petitioners categorically pleaded that petitioners “applied for the post in question for the recruitment year 2021 but they do not know their fate of their application”. In addition, the app