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Judgment
Mansoor Ahmad Mir, Actg.C.J.
Mr. Avneesh Bhardwaj and Mr. Varun Chandel, Advocates have stated at the Bar that they have filed objections by way of CMP Nos. 11211 and 20968 of 2013, as objectors. We have gone through this Public Interest Litigation which has been initiated by this Court on a letter submitted by some interested persons.
The dispute involved in this Public Interest Litigation is relating to the service matter. It is beaten law of the land that no Public Interest Litigation shall lie relating to service matters. The Apex Court in Girjesh Shrivastava and Others Vs. State of M.P. and Others, , Ayaaubkhan Noorkhan Pathan Vs. The State of Maharashtra and Others, and State of Punjab Vs. Salil Sabhlok and Others, , has held that no Public Interest Litigation will lie in such matters. It is apt to reproduce para 13 of the judgment in Ayaaubkhan Noorkhan Pathan Vs. The State of Maharashtra and Others,
Even as regards the filing of a Public Interest Litigation, this Court has consistently held that such a course of action is not permissible so far as service matters are concerned. (Vide: Dr. Duryodhan Sahu and Others Etc. Etc. Vs. Jitendra Kumar Mishra and Others Etc. Etc., ; Dattaraj Nathuji Thaware Vs. State of Maharashtra and Others, and Neetu Vs. State of Punjab and Others, .
Having said so, the present Public Interest Litigation is not maintainable. However, the aggrieved/interested parties have a right to seek appropriate remedy at an appropriate stage. Accordingly, the present Public Interest Litigation is disposed of alongwith all pending applications and directions passed from time to time in this petition are vacated. All the writ petitions tagged with this Public Interest Litigation and listed today be de-linked and be listed on 20.3.2014 separately.