B.K. Sharma, J.

1. This writ petition has been filed by a practicing Advocate in the form of public interest litigation (PIL) with the following prayers:

It is, therefore, prayed that Your Lordships be pleased to:

(i) issue a rule nisi calling upon the Respondents to show cause as to why a Writ of mandamus or certiorari or any other appropriate order or direction should not be passed;

(ii) to abolish the post of Director Family Wel-fare Services, Manipur, Additional Direcor-2 Nos; Joint Director-3-5 Nos. and Deputy Director SNOS as these 11 Nos. of posts have been posted beyond the norm so as to block diversion and missutillsation of programme money;

(iii) to sanction the scale of pay prescribed in column 5 of the statement under letter dated 2.2.2000 (Annexure-A/12) to the Media Officers to stall diversion and misutilisation of public money;

(iv) to direct for an enquiry by an independent body like Central Bureau of Investigation as to whether the posting of 11 Nos. of excess Gazetted Officers in Family Welfare Department, Manipur is permissible in the light of the instructions, policy decisions, staffing pattern etc. relating to Family Welfare Programme issued by the Government of India;

AND

(v) In the interim, pending disposal of the present case Family Welfare Department Manipur may be allowed to be run under the headship of Secretary/Commissioner in-charge of Family Welfare, Government of Manipur or to pass any appropriate order or orders which the Hon'ble Court may deem fit, proper and just in the nature of the present case.

2. According to the Petitioner he has come to know during the course of his profession that the State Government has been misutilising the Central Fund and carrying out the centrally sponsored scheme at their whims and desire particularly in the State Family Welfare Department disregarding the mandatory guidelines as set out by the competent authority of the Government of India resulting into gross deprivation of valuable rights of under privileged women and children of the state apart from creating class legislation among the stuff who are the main power and responsible for the implementing of various such schemes.

3. It is the case of the Petitioner that the family welfare programme has been launched as a national programme throughout the country including the State of Manipur and for the purpose the Government of India has prescribed a national stuffing pattern to be adopted by the states strictly in accordance with their classification made on the basis of the population of the states concerned. The State Government are allowed to create posts towards implementation of family welfare programme at various levels in accordance with the national stuffing pattern and that too with the prior approval/sanction from the Government of India. The entire fund/expenditure on family welfare programme in the State of Manipur is also made by the Government of India, Ministry of Health and family Welfare. The release of fund is strictly in accordance with the approved pattern and the stuff employed at various levels should invariably be as approved by the Government of India. As per the stuffing pattern, the Government of India allowed to establish a State Family welfare Bureau, which is now known as Family Welfare Department at the State Headquarter and District Family Welfare Bureau at different district headquarters and other programme centres at various levels in the State of Manipur. The Petitioner has further indicated the divisions involving the State Family welfare Department and the District Family Welfare Bureau. In support of such contentions, the Petitioner has annexed as many as 11 documents marked as Annexures-A/1 to A/11.

4. The aforesaid facts as narrated in the writ petition are available in paragraph 1 to 10 of the writ petition. After such narration of the facts on the basis of the aforesaid documents, the Petitioner has indicated his real grievance from paragraph 11 onwards in the writ petition