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2026 Supreme(Online)(Ker) 4393

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SOUMEN SEN, CJ, SYAM KUMAR V.M., J
A.MALAICHAMY – Appellant
Versus
COL. AKHIL KUMAR KULSHRESTHA – Respondent
WP(PIL) NO. 1 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.V.T.MADHAVANUNNI, SRI.M.VIVEK RABINDRANATH, SRI.M.S.VINEETH, MS.GAYATHRI C.H., SMT.T.K.SNEHASREE
For the Respondents: SHRI.P.R.AJITH KUMAR

Public interest litigation requires actual aggrieved parties with standing; unqualified individuals cannot represent them.

Headnote:{'statute_analysis': 'No specific statute referenced in the judgment.', 'facts_of_case': 'The petitioner, an employee who is not qualified for the post, filed a writ petition claiming public interest regarding the appointment of the first respondent. The court found no actual aggrieved party.', 'findings_of_court': 'The court dismissed the petition, stating it lacked public interest and the right parties were not involved.', 'issues': 'The court framed the question of whether the petitioner can file a writ on behalf of others who are not aggrieved.', 'ratio_decidendi': 'The court highlighted the lack of standing of the petitioner, who was unqualified for the post, and thereby found the Public Interest Litigation unmerited.', 'result': 'Accordingly, the writ petition stands dismissed.'}

JUDGMENT Dated this the 28th day of January, 2026 Soumen Sen, C.J.

We do not find any element of public interest in this writ petition. The persons who could be actually aggrieved by the appointment of the first respondent as Campus Director of the National Institute of Fashion Technology have not approached the Court, nor do they suffer from any disability. The present petitioner is an employee who admittedly is not qualified for the said post. Under such circumstances, we are not inclined to entertain this Public Interest Litigation.

Accordingly, the writ petition stands dismissed.

Consequently, the application for amendment also stands dismissed.

Sd/-

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