Rajasthan High Court
Narendra Sharma S/O Shri Hari ... vs State Of Rajasthan ... on 11 October, 2023
Bench: Augustine George Masih, Sameer Jain
[2023:RJ-JP:28622-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 15964/2023
Narendra Sharma S/o Shri Hari Prasad Sharma, Aged About 28
Years, R/o Shyam Vihar Colony, Near Mahaveer School, Renwal,
Jaipur, Rajasthan- 303603.
----Petitioner
Versus
1. State Of Rajasthan, Through Chief Secretary, Government
Of Rajasthan, Government Secretariat Jaipur.
2. State Of Rajasthan, Through Principle Secretary,
Department Of Personnel And Training, Government Of
Rajasthan, Government Secretariat Jaipur.
3. Joint Secretary To The Government, Department Of
Personnel, Govt. Of Rajasthan, Secretariat, Jaipur.
4. State Of Rajasthan, Through Its Secretary, Medical Health
And Family Welfare Department, Government Secretariat,
Rajasthan, Jaipur.
5. Rajasthan Subordinate And Ministerial Services Selection
Board (Rsmssb), Through Its Chairman, State Institute Of
Agriculture Management Premises, Durgapura, Jaipur -
302018.
6. Rajasthan Subordinate And Ministerial Services Selection
Board (Rsmssb), Through Its Secretary, State Institute Of
Agriculture Management Premises, Durgapura, Jaipur -
302018.
7. State Institute Of Health And Family Welfare, Through Its
Director, Jhalana Doongri Colony, Ghat Ki Guni, Jaipur,
Rajasthan - 302004.
----Respondents
For Petitioner(s) : Mr. Anoop Pareek
For Respondent(s) : Mr. M.S. Singhvi, AG with
Mr. Siddhant Jain
HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH
HON'BLE MR. JUSTICE SAMEER JAIN
Order
[2023:RJ-JP:28622-DB] (2 of 2) [CW-15964/2023]
11/10/2023
(ORAL)
1. This writ petition has been preferred as a Public Interest
Litigation by the petitioner.
2. A perusal of the same would indicate that similar matters are
listed for hearing before a Co-ordinate Bench where the issue
sought to be raised through a Public Interest Litigation which
primarily is in the nature of service writ petition is pending
consideration.
3. This Public Interest Litigation is not entertainable; firstly on
the ground that issue is already pending before a Division Bench
where the aggrieved parties are available and secondly in a
service matter, Public Interest Litigation is not maintainable.
4. It is an admitted position at the end of the petitioner in para
3(iv) that similar cases are listed for hearing.
5. This appears to be a writ petition which has been filed as a
misuse of process of law, and, therefore, cost of ₹50,000/- is
imposed upon the petitioner to be deposited with the Rajasthan
Legal Services Authority as such type of litigation can neither be
encouraged nor is acceptable in view of judgment of the Hon'ble
Supreme Court in the case of Hari Bansh Lal Vs. Sahodar
Prasad Mahto and Ors., reported in (2010) 9 SCC 655.
6. Accordingly, the instant Public Interest Litigation stands
dismissed. Pending application(s), if any, stand disposed of.
(SAMEER JAIN),J (AUGUSTINE GEORGE MASIH),CJ
NAVAL KISHOR /JKP-47
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