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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Tarlok Singh Chauhan, Mr. Justice Sushil Kukreja, JJ
Ravi Kant – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
The instant public interest litigation has been filed by an employee of the H.P. University for grant of the following substantive relief:-
“i. Issue a writ of certiorari to declare the impugned enactment i.e. Himachal Pradesh Recruitment and Conditions of Service of Govt. Employees Act of 2024, dated 07.02.2025 (Annexure P-5) as unconstitutional or ultra vires the Constitution of India thereof.”
2. According to the petitioner, he is aggrieved by the arbitrary, unreasonable and illegal acts of omission and commission on the part of the respondent-State to enact a statute which will deny the fundamental and others statutory rights to employee class by creation of class legislation which is antithetic to the rule of law and the constitutional provisions.
3. It is further claimed by the petitioner that being a citizen of Himachal Pradesh and employee of the H.P. University, he is competent to espouse the cause and has also means to pay the costs, if any, imposed by this Court.
4. We have gone through the entire petition and find that the petitioner has not advocated any cause for himself and still claims to be a party aggrieved. Though he is a total stran
Public interest litigations cannot be maintained in service matters unless the petitioner is an aggrieved party, as established by the Supreme Court.
Public Interest Litigations cannot be entertained in service matters, except for writs of quo warranto, to prevent misuse of judicial resources.
Public Interest Litigation must meet strict bona fides and credential requirements to prevent misuse for personal gain.
Public Interest Litigation cannot be admitted in service disputes involving the State and its employees.
PILs are not maintainable in service matters, reinforcing judicial efficiency and the focus on genuine public interest claims.
Public interest litigation is not maintainable in service matters; only aggrieved parties can invoke writ jurisdiction under Article 226 of the Constitution.
The High Court held that litigants must approach Administrative Tribunals first for recruitment-related matters, as exclusive jurisdiction was conferred under the Administrative Tribunals Act, even f....
If public interest litigations at instance of strangers are allowed to be entertained by Tribunals, very object of speedy disposal of service matter would get defeated.
Public Interest Litigations related to service matters are not maintainable as per constitutional precedent, as established in Duryodhan Sahu (Dr.) vs. Jitendra Kumar Mishra.
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