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2024 Supreme(UK) 554

RITU BAHRI, RAKESH THAPLIYAL
Praveen Sharma – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Yogesh Pacholia
For the Respondent: Ms. Mamta Bisht, Mr. Rajendra Dobhal, learned Senior Counsel assisted by Mr. Shubhang Dobhal, Mr. Navnish Negi

JUDGMENT :

Ritu Bahri, C.J.

The petitioner has filed the present Writ Petition seeking a writ of certiorari calling for records, and to quash the impugned advertisement dated 22.11.2019, and the entire selection process. The other prayer is to initiate a detailed and proper enquiry, through an independent agency, against the respondents.

2. After notice of this Writ Petition, a counter affidavit has been filed on behalf of respondent nos. 4 & 5. The main objection taken in the said counter affidavit is that this PIL is not maintainable, as it is a service matter. In this regard, they have referred to the judgment of the Hon’ble Supreme Court in the case of Hari Bansh Lal v. Sahodar Prasad Mahto and others, (2010) 9 SCC 655. In this case, the Hon’ble Supreme Court has held that a PIL is not maintainable in service matters, except by way of writ of quo warranto, for which appointment must be shown to be contrary to statutory provisions. In paragraph nos. 13 to 15, it has been observed as under :-

    “13. In Duryodhan Sahu (Dr.) v. Jitendra Kumar Mishra and Others, (1998) 7 SCC 273, a three-Judge Bench of this Court held:

“18. ... If public interest litigations at the instance of strangers ar

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