S.P.C. Yadav v. Union of India and Ors.

1. This Public Interest Litigation has been preferred with the following prayers:- "(a) Issue a writ, order and/or direction in the nature of mandamus and/ or any other appropriate writ, order and/ or direction in the like nature, thereby directing respondent nos. 1 and 2 to conduct an independent and impartial inquiry into the irregular appointmentofrespondent no. 3; (b) Issue writ, order and/ or direction in the nature of mandamus and/or any other appropriate writ, order and/ or direction in the like nature, thereby directing the respondentno. 2to remove respondentno.3from thepost; W.P.(C)No.2205/2020 Page[1] of[3] 2020:DHC:3836-DB (c)Issue any other appropriate writ, order and/or direction in the like nature which this Hon'ble Court may deem fit and proper in thefacts and circumstances ofthe present case in favour ofthepetitioner andagainstthe respondents;"

2. Having heard learned counsel for the petitioner and respondent No.l and 2,it appears thatthis is not a Public Interest Litigation at all. The filing ofthis writ petition tantamounts to misuse ofthe court proceedings.

3. It appears thatthere are several allegations levelled againstrespondent No.3 by this petitioner who was appointed as a Scientist'E'in Technology Information Forecasting Assessment Council(TIFAC).

4. Looking to the nature ofallegatiohs levelled against respondent No.3, this writ petition cannot be treated as a Public Interest Litigation. It appears that because ofpersonal rivalry'withTes^^^ No.3,this petition has been preferred as a Public InteresLLitigation. 'It has been held by the Hon'ble Supreme Courtin Ayaaubkhan NodrkhamPathan v.State ofMaharashtra; (2013)4see465 as under:-. ',., ^ •.• •. r • r-.;• 'h' ^ -S'l ) "14. This Court has consistently cautioned the courts against entertaining public interest litigation filed by unscrupulous persons, as such meddlers do not hesitate to abuse theprocess of court. The right of effective access to justice, which has emerged with the new social rights regime, must be used to serve basic human rights, which purport to guarantee legal rights and, therefore, a workable remedy within theframework ofthejudicial system must be provided. Whenever any public interest is invoked, the court must examine the case to ensure that there is in fact, senuine public interest involved. The court must maintain strict visilance to ensure that there is no abuse of the process of court and that, "ordinarily meddlesome bystanders are not granted a visa". Many societal pollutants create new problems of non-redressed grievances, and the W.P.(C)No.2205/2020. ^ Page2of[3] courtshouldmakean earnestendeavourto take up thosecases, where the subjectivepurpose ofthe Usjustifies the needfor it. (VideP.S.R.Sadhanantham v.Arunachalam[(1980)3SCC141:1980see(eri)649:AIR 1980Se856],DalipSingh v.State ofUP.[(2010)2see114:(2010)1See(eiv)324],Stateof UttaranchalV.Balwant Singh ehaufal[(2010) 3 See 402 • (2010)2see(eri)si:(2010)1 see(L&S)so?]andAmar Singh V. Union ofIndia[(2011)7See69:(2011)3See(eiv) 560].) ' ^

15. Even asregards thefilingofapublic interestlitigation, this eourt has consistentlv held thatsuch a course ofaction is not permissible so [ar as service matters are concerned. (VideDuryodhan Sahuv.Jitendra Kumar Mishra[(1998) 7 see 273: 1998 See (L&S) 1802: AIR 1999 Se 114],Dattara]Nathuji Thawarev.State ofMaharashtra[(2005) 1 see 590: AIR 2005 Se 540] andNeetu v. State of Punjab[(2007)10See614:AIR 2007Se 758].) " (EmphasisSupplied)

5. In view of the aforesaid deeisipn ■ also, in a service matter like the present one,Public Interest Litigation is'pot;tenable in law. Hence,this writ petition is dismissed withfcosts Qf Rsz[5],000/- (Rupees Twenty Five Thousand Only) to be deposited with; the Delhi State Legal Services Authority within a period offour weeks from today. This amount shall be utilized towards the prograrnrne"Recessfo Justice".

6. A copy of this order shall be sent to the Member Secretary, Delhi State Legal Services Authoritv, Central Office, Patiala House Courts Complex,New Delhi-110001.

CHIEF JUSTIC MARCH05,2020/kks C.HAI^^^HAMKAR,J W.P.