Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Interest Litigation: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Public Interest Litigation: Writ petition before High Court - Filed by an unsuccessful candidate as public interest litigation - Challenging appointment of a candidate stated to have been made on basis of a false Scheduled Caste certificate - Proceeding to cancel said certificate stated to be already under progress - Held, when a particular person is object and target of a petition styled as PIL, Court has to be careful to see whether in the guise of public interest is really intended to unleash a private vendetta, personal grouse or some other mala fide object - Factors to be taken into consideration by Courts while entertaining a writ petition under PIL reiterated - PIL is service matters-Locus standi of petitioner - PIL - Copies of public documents annexed in such matters-Frivolous pleas to explain possession thereof to be dealt with seriously - Constitution of India - Article 226. Respondent no. 7, an unsuccessful candidate, filed a writ petition as a Public Interest Litigation before the High Court challenging the appointment of the appellant as Audit Inspector, Co-operative Societies, on the ground that she got the appointment on the basis of a Scheduled Caste certificate though she did not belong to Scheduled Caste but was married to a member of Scheduled Caste. The authorities concerned filed a reply stating that proceedings to cancel the said Scheduled Caste certificate were under progress and, therefore, the writ petition was pre-mature. The High Court set aside the appointment of the appellant. It was contended for the appellant that in service matters PIL was not maintainable and the writ petition was filed because of personal animosity and cannot be considered to be a public interest litigation. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 16 |
Petitioner | Neetu |
Respondent | State Of Punjab And Ors. |
SCR | [2007] 1 S.C.R. 223 |
Judgement Date | 2007-01-08 |
Case Number | 95 |
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