This PIL filed to direct respondents to notify vacancies for posts held under a non-statutory scheme was dismissed. The Court held the litigation was not maintainable as the appointment was not under a statutory scheme.
Public Interest Litigation dismissed; matter not inclined to be taken cognizance of or indulgence made into.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.267 of 2017
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Bikrama Pandey, Son of Late Saryug Pandey, resident of Village- Khaita, P.S. Dinara, District- Rohtas at Sasaram, At present at Akhil Bhartiya Sikshit Berojgar Yuva Kalyan Sansthan, Pradhan Kalyan, Nokha.
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : For the Respondent/s :
=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE) Date: 05-05-2017
This Public Interest Litigation has been filed for directing respondents to notify the vacancies and also to take steps for filling up of various posts.
It is said that Respondent No. 7 is working illegally, she should be removed and the post filled up by advertisement in a proper
newspaper.
Patna High Court CWJC No.267 of 2017 dt.05-05-2017
2/2
The matter pertains to appointment under scheme in question. It is not a statutory scheme and for the said purpose Public Interest Litigation is not maintainable. We dismiss the same as we are not inclined to take cognizance of it and make any indulgence into the matter.
(Rajendra Menon, CJ)
(Sudhir Singh, J)
P.K.P.
| AFR/NAFR | N.A.F.R. |
|---|---|
| CAVDATE | N.A. |
| UploadingDate | 10.05.2017 |
| Transmission Date |
1 issue framed by the court
Whether a Public Interest Litigation is maintainable in PIL filed for directing respondents to notify vacancies in a scheme which is not statutory in nature.
Bikrama Pandey
The State of Bihar
The Managing Director, Mahila Vikas Nigam
Afrim Taranjum
Chief Justice Rajendra Menon
Justice Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
