Point of Law: Public interest litigation is not in the nature of adversary litigation but a challenge to the Government and its officers to make basic human rights meaningful to the deprived and vulnerable sections of the community. It is only to protect such class of persons against violation of their basic human rights which is the constitutional obligation of the executive that ordinarily recourse to public interest litigation may be permitted

JUDGMENT :

1. Heard Sri H. N. Singh, Senior Counsel assisted by Sri Shobhit Kant, learned Counsel for the petitioner, Sri H. P. Srivastava, learned Additional Chief Standing Counsel appearing for respondent No.1 and Sri Rishab Kapoor, learned Counsel for respondent Nos.2 to 5.

2. The petitioner is an Advocate by profession and has preferred this petition in Public Interest. In paragraph -4 of the petition, he has stated that he is also involved in social work, but he has not disclosed his credentials or the nature of social work so far done by him.

3. The petitioner in Public Interest seeks quashing of letter dated 18.9.2020 of the Chief Engineer (Purchase) of U.P. Jal Nigam requesting M/s Crown Agents (India) Pvt. Ltd. to inspect M/s. Rashmi Metaliks Ltd., Kolkata and issuance of mandamus directing respondent Nos.2 and 3 not to permit re-inspection of M/s Rashmi Metaliks Limited, Kolkata.

4. The normal rule is that a person, who suffers a legal injury or whose legal right is infringed, alone has locus standi to invoke the writ jurisdiction to avoid miscarriage of justice. The said common rule of locus standi stands relaxed where the grievance is raised before the Court on behalf of poor, deprived, illiterate or the disabled persons, who cannot approach the Court independently for redressal of the legal wrong or the injury caused to them on account of violation of any constitutional or legal right. These are mostly cases in public interest, i.e., cases on behalf of class of persons mentioned above.

5. However, the relaxation so provided from the strict rule of locus standi lately came to be misused or abused by unscrupulous persons seeking cheap publicity. Therefore, the Supreme Court in State of Uttaranchal v. Balwant Singh Chaufal [(2010) 3 SCC 402] observed that as the process of the Court is frequently abused in the name of Public Interest Litigation, all High Courts need to frame Rules to prevent such abuse. In compliance with the directions of the Supreme Court, the Allahabad High Court Rules were also amended and Sub-Rule (3-A) was added under Chapter XXII Rule 1 w.e.f. 1.5.2010. The aforesaid Rule reads as under :-

"(3-A) In addition to satisfying the requirements of the other rules in this chapter, the petitioner seeking to file a Public Interest Litigation, should precisely and specifically state, in the affidavit to be sworn by him giving his credentials, the public cause he is seeking to espouse; that he has no personal or private interest in the matter; that there is no authoritative pronouncement by the Supreme Court or High Court on the question raised; and that the result of the litigation will not lead to any undue gain to himself or anyone associated with him, or any undue loss to any person, body of persons or the State."

6. A simple reading of the aforesaid Rule reveals that in addition to the other requirements mentioned under the Chapter for filing a writ petition, the person filing the petition in Public Interest should precisely and specifically, apart from other things, state his credentials and the public cause he is seeking to espouse. Therefore, disclosure of credentials and the public purpose sought to be espoused are also essential elements to be stated in initiating proceedings in public interest.

7. The petitioner in the writ petition, except for mentioning that he is a Lawyer and is involved in a social work, has not stated anything covering any of the above essential requirements. In short, he has not disclosed his credentials.

8. The dictionary meaning of the word 'credentials' is the qualities and the experience of a person that make him suitable for doing a particular job. The Oxford English-English-Hindi Dictionary, 2nd Edition, explains credentials as the quality which makes a person perfect for the job or a document that is a proof that he has the training and education necessary to prove that he is a person qualified for doing the particular job.

9. The petitioner herein claims to be a Social Wo