The High Court held that maintainability of a PIL by an advocate challenging service rules is an issue for the Supreme Court and dismissed the petition as not maintainable.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2014
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE M.SATHYANARAYANAN
W.P.No.29324 of 2014
and
M.P.No.1 of 2014
N.Kanagasabai .. Petitioner
vs
The Registrar General, High Court, Madras. .. Respondent
Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Declaration to declare the Proviso (1) to Sub Rule (2) of Madras High Court Service Rule 6 and all the appointments and promotions made therein as illegal, ultravires and illogical.
For Petitioner : Mr.G.Vasudevan For Respondents : Mr.S.Haja Mohideen Gisthi
O R D E R (Order of the Court was made by The Hon'ble Chief Justice)
We are not inclined to entertain this petition as a Public Interest Litigation filed by a practising advocate of this Court seeking to assail Madras High Court Service Rules. If there is any person governed by the Rules who is aggrieved by the same, it is always open to him to assail those rules in accordance with law. Such a Public Interest Litigation in a service matter, in any case, is not maintainable, in view of the observations of the Hon'ble Supreme Court in Seema Dhamdhere vs. State of Maharashtra, (2008) 1 MLJ 489 (SC).
2.Writ Petition stands dismissed. No costs. Consequently,
M.P.No.1 of 2014 also stands dismissed.
Sd/-
Assistant Registrar (CS-II)
Dated: 18/11/2014
//True Copy//
Sub Assistant Regisrar
To
The Registrar General,
High Court, Madras.
5 CC to Mr.G.Vasudevan, Advocate, SR No.53390
W.P.No.29324 of 2014
cnr(CO)
JJM (19/11/2014)
1 issue framed by the court
Whether a writ petition filed by an advocate as public interest litigation challenging the Madras High Court Service Rules is maintainable.
Colour shows how this judgement treated each authority
Seema Dhamdhere vs. State of MaharashtraDissented from¶16
Seema Dhamdhere vs. State of Maharashtra, (2008) 1 MLJ 489 (SC)
N. Kanagasabai
The Registrar General, High Court, Madras
Sanjay Kishan Kaul
M. Sathyanaranayan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
