9 Nov 2023 11:53 AM GMT
The Supreme Court, recently (on November 03), while hearing an appeal arising out of the judgment passed by the Delhi High Court, expressed doubt on its dictum that PIL is “not at all” maintainable in Service Matters while terming the same as “debatable issue”. Accordingly, the Court has kept the issue open and the same is to be decided in the appropriate case.
A matter was heard before the division bench of Justices Surya Kant and Dipankar Datta.
In the present case, a writ petition was filed by one Pratap Singh Bist (Petitioner) as a Public Interest Litigation in the year 2017 challenging appointments of respondents (from 5 to 17) on the post of Teachers. These appointments were made in the year 2008 under the Directorate of Education, New Delhi. It was claimed that they do not have the requisite qualifications to be appointed as Teachers.
However, the Delhi High Court via its impugned judgment, had refused to interfere with these challenged appointments. The Court examined exhaustive affidavit filed by the respondent and concluded that the required qualification is present. Thus, it was held that the respondents (from 5 to 17) are eligible for the post.
Before parting, the High Court also made the following observation:
“Even otherwise, in the light of the judgment delivered by the Hon’ble Supreme Court in the case of Dr Duryodhan Sahu and Others. Vs. Jitendra Kumar Mishra And Others., (1998) 7 SCC 273, a PIL is not at all maintainable in service matters.”
Imperatively, the petitioner also preferred Review petition before the High Court; however the same was also dismissed. Thus, the present case.
The top court underscored the fact that the respondent nos.5 to 17 have already served for almost 15 years. On this projection, the Court refused to interfere with the appointments. However, it had its reservations with respect to PIL not being maintainable in service matters. Thus, it penned down:
“However, the second reason assigned by the High Court, namely, that “PIL is not at all maintainable in service matters” in view of the decision of this Court in Dr. Duryodhan Sahu and Others vs. Jintendra Kumar Mishra and Others, (1998) 7 SCC 273, is a debatable issue and the said question of law is kept open, to be gone into an appropriate case.”
Pertinently, in the decision of Duryodhan Sahu v. Jitendra Kumar Mishra, (1998) 7 SCC 273, Apex Court mused: “If public interest litigations at the instance of strangers are allowed to be entertained by the Tribunal the very object of speedy disposal of service matters would get defeated.”
Case Title: Pratap Singh Bist v. The Director, Directorate of Education, Govt. Of NCT Of Delhi & Ors., Diary No(S).41779/2023
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