Dinesh Goel & Another vs Union Of India Thru Secy. Ministry ...
2014 Latest Caselaw 7429 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- WRIT - A No. - 17392 of 2009
 

 
Petitioner :- Dinesh Goel & Another
 
Respondent :- Union Of India Thru Secy. Ministry Of Defence & Others
 
Counsel for Petitioner :- Anoop Trivedi
 
Counsel for Respondent :- A.S.G.I.,M.I. Khan,Triloki Singh
 

 
Hon'ble B. Amit Sthalekar,J.

This writ petition has been filed by the petitioners for a direction to the respondents to conduct the selection for the post of Draftsman strictly in accordance with law in pursuance of advertisement dated 5.1.2008. A further direction has been sought that no person who has become over age or had not applied should be considered and further that the respondent no. 7 should not be considered for appointment.

Neither of these reliefs can be granted as they are based upon a presumption that the respondents will not conduct the selection in accordance with law or that they will not consider the application of the respondent no. 7 in accordance with law or of any other candidate. Beside the petitioners have not claimed any right for themselves and are not shown as applicants in the selection and this writ petition is in the nature of a PIL, which is based upon the new paper reports, copy of which has been filed as Annexure-6.

This writ petition is in the nature of PIL and is not maintainable in a service matter as held by the Supreme Court in the following cases:

1. (1987) 7 SCC 273 (Dr. Duryodhan Sahu and others Vs. Jitendra Kumar Mishra and others)

2. (2004) 3 SCC 363 (Dr. B. Singh Vs. Union of India and others)

3. (2005) 1 SCC 590 (Dr. Dattaraj Nathuji Thaware Vs. State of Maharashtra and others)

Secondly, the writ petition is also not maintainable on behalf of the petitioners who are complainants and therefore it is accordingly dismissed.

Order Date :- 10.10.2014

o.k.