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AJAY BHANOT
Pawan Kumar Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
AJAY BHANOT, J.
1. Heard Shri Rishabh Tiwari, learned counsel for the petitioner, learned Standing Counsel for the respondents No. 1 to 3 and 5, Shri Manvendra Singh, learned counsel for the respondent No. 4 and Shri Manoj Kumar Singh, learned counsel for the respondent No. 6.
2. The petitioner is not a teacher in the school nor is he a government servant. The petitioner has made various complaints against the respondent No. 6 who is the headmistress of the institution. The petitioner claims that his wife who is a teacher in the school was being tormented and treated unfairly by the respondent No. 6 who is the headmistress of the institution. The wife of the petitioner also made several complaints before the competent authorities against the allegedly malafide action taken by the respondent No. 6 against her. The petitioner has prayed for a direction upon the respondent to initiate and conclude an inquiry against the respondent No. 6.
3. The question arises as to whether the instant writ petition filed by the petitioner is liable to be entertained.
4. The service conditions of government servants are governed and regulated by service rules holding the field. The service rules
Public interest litigation is not maintainable in service matters; only aggrieved parties can invoke writ jurisdiction under Article 226 of the Constitution.
A petitioner must establish locus standi and be an aggrieved party to maintain a challenge in court, particularly in service matters, where public interest litigations are discouraged.
Public Interest Litigation cannot be admitted in service disputes involving the State and its employees.
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.
PIL not maintainable in service matters like official transfers.
PILs are not maintainable in service matters, reinforcing judicial efficiency and the focus on genuine public interest claims.
The Army Welfare Education Society is not a 'State' under Article 12, and the doctrine of legitimate expectation does not apply to private employment disputes.
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