Chandrika Prasad Yadav vs State of U.P. and Others

Krishna Murari, J.—Principal of the institution has approached this Court challenging the order passed by Joint Director of Education granting approval to the appointment of Respondent No. 5 as an Assistant Teacher in the institution in question.

Shri Ashok Khare, learned Senior Advocate has raised a preliminary objection regarding maintainability of writ petition. It is submitted that since Petitioner is neither the appointing or disciplinary authority of Respondent No. 5 nor he could be claimant to the post, as such, he has no personal cause to challenge the appointment.

Reliance in support of the contention has been placed on a Division Bench judgment passed in Special Appeal (D) No. 1172 of 2009, Km. Vijeta Tripathi v. State of U.P.

In reply, learned Counsel for the Petitioner has submitted that since the appointment of Respondent No. 5 is per se illegal and payment is to be made from State exchequers, he has every right to challenge the same and even if there is no personal cause, the petition may be treated as Public Interest Litigation.

In view of the aforesaid Division Bench judgment and the fact that Petitioner has not claimed any relief for himself, the petition appears to be in the nature of Public Interest Litigation.

Let the matter be placed before appropriate Court hearing Public Interest Litigation under the roster, if possible, on 06.04.2011 as fresh.