Rajendra Prasad Sikarwar vs State Of U P And 2 Others
2022 Latest Caselaw 8438 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 9676 of 2022
 

 
Petitioner :- Rajendra Prasad Sikarwar
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Vatsala,Ravi Kant
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner, and learned State Counsel for respondents 1 to 3. Notices to respondent no.4 stands dispensed with.

Petition has been filed seeking a direction to State-respondents to decide petitioner's complaint/representation pertaining to alleged illegal appointment on the post of Lecturer of Political Science in the institution concerned.

Mr. Moti Lal, learned State counsel has raised a preliminary objection regarding maintainability of the petition on the ground that such a petition at the instance of complainant is not maintainable in view of the decision of Hon'ble the Supreme Court in Ayaaubkhan Noorkhan Pathan v. State of Maharashra reported in (2013) 4 SCC 465.

Learned counsel for petitioner has relied upon a Division Bench decision of this Court to submit that the petition would be maintainable but in view of hierarchy of Courts, the judgment rendered by Hon'ble the Supreme Court having primacy is required to be considered.

It is the admitted case of the petitioner that he is complainant in the matter. The averments made in the writ petition do not indicate how the petitioner would be prejudiced or aggrieved by alleged illegal appointment of the respondent particularly since the petition in nature of public interest litigation is not maintainable in service matters.

Considering the decision in Ayaaubkhan Noorkhan Pathan(supra), the petition is held to be not maintainable at the instance of petitioner and is dismissed at the admission stage itself.

Order Date :- 28.7.2022

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