The court dismissed a PIL filed by a teacher challenging another teacher's appointment due to alleged suppression of criminal antecedents and doubts about qualifications. The court held it is a service dispute, which is not permissible in PIL.
None. The petition was dismissed on the ground that it is a service dispute not permissible in PIL.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
March 22, 2022 Sl. No.23 Court No.1 SG/s.biswas
WPA (P) 181 of 2021
Ghulam Mohammad
vs.
The State of West Bengal and others
Mr. Apzal Ansari, Ms. Afreen Begum, Advocates
… for the petitioner
Mr. Swapan Banerjee, Mr. Sougata Mitra, Advocates
… for the State
Mr. Syed E. Huda, Advocate
… for the respondent No.7
Affidavit-in-opposition filed on behalf of the respondent No.2 is taken on record.
In this public interest petition the petitioner who is a teacher working in Iqra Model Academy SSK, a State aided educational institution, has challenged the appointment of respondent No.7 as teacher on the ground that the said respondent has suppressed the material fact about the criminal antecedents. In the petition some doubt has also been expressed about the D.El.Ed Degree of the said respondent.
On perusal of the petition, we find that it is purely a service dispute which is sought to be raised by way of public interest litigation, which is not permissible in view of the judgment of the Supreme Court in the matter of Madan Lal versus High Court of Jammu and Kashmir and others reported in 2014 (15) SCC 308 .
Hence, no ground is made out to entertain the petition which is accordingly dismissed.
2
WPA (P) 181 of 2021
However, the dismissal of the petition will not close the other remedies which may be available to the petitioner in accordance with law.
[Prakash Shrivastava, C.J.]
[Rajarshi Bharadwaj, J.]
1 issue framed by the court
Whether a service dispute disguised as a public interest litigation is maintainable before this court.
Colour shows how this judgement treated each authority
Madan Lal versus High Court of Jammu and Kashmir and othersReferred¶14
2014 (15) SCC 308 · Who else cites this
Ghulam Mohammad
The State of West Bengal
Prakash Shrivastava
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
