Challenging a merit list for PSI posts in Daman and Diu, this PIL petition was dismissed as not maintainable in service matters and because the selection process was already complete.
Petition dismissed.
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1/2 (911)PIL-39-17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.39 of 2017
Rajendra Daya & Anr .. Petitioners Versus Union of India & ors .. Respondents
None for the petitioners.
Mr.S.S. Deshmukh for respondent nos.2, 3 and 4.
CORAM: DR. MANJULA CHELLUR, CJ. & M.S.SONAK, J.
DATED: 10th NOVEMBER, 2017
P.C.:-
1 Petitioners and their counsel are absent.
2 The challenge is to the merit list of selected candidates for the post of PSI for Daman and Diu. Since in a service matter, Public Interest Litigation cannot be entertained and we are of the opinion that the petition is not maintainable. Even otherwise, on merits, we notice that the present petition is filed after completion of the entire process of selection and publication of list of selected candidates. If any candidate who apply for the said post is aggrieved by the action or inaction complained in the petition can always challenge the same if the said challenge is within reasonable time.
Tilak
2/2 (911)PIL-39-17
3 With these observations, petition is dismissed.
(M.S.SONAK, J)
(CHIEF JUSTICE)
Tilak
2 issues framed by the court
Whether a PIL is maintainable for challenging a merit list of selected candidates in a service matter after the entire selection process is completed.
Whether a candidate aggrieved by the selection can challenge the action in civil proceedings.
Rajendra Daya & Anr.
Union of India & ors.
Manjula Chellur
M.S. Sonak
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
