Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 20124 of 2011
Petitioner :- Allahabad Adhivakta Sangthan And Another
Respondent :- High Court Of Judicature At Allahabad And Others
Petitioner Counsel :- Yogesh Kumar Saxena,Khan Saulat Hanif
Respondent Counsel :- C.S.C.,Amit Sthalekar
Hon'ble Ferdino Inacio Rebello,Chief Justice
Hon'ble Prakash Krishna,J.
The matter pertains to recruitment in the Subordinate Courts. The appointing authority is the District Judge, who is not a party to this petition. The three respondents, who have been arrayed, are neither proper nor necessary parties to the petition. Apart from that, the Supreme Court time and again has held that in the matter of recruitment and conditions of service, no P.I.L. would be maintainable. Apart from that, the ministerial staffs of the Subordinate Courts have their own Associations. If the persons aggrieved do not come, their cause can be espoused by their Associations. In the light of that, we cannot consider the locus of the petitioners herein.
For the aforesaid reasons, we find no reason to entertain this petition. It is accordingly, dismissed.
However, we make it clear that if the proper and aggrieved persons come before this Court, then dismissal of this petition will not stand in their way.
Order Date :- 13.4.2011
RKK/-
(F.I. Rebello, CJ)
(Prakash Krishna, J)�
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 20124 of 2011
Petitioner :- Allahabad Adhivakta Sangthan And Another
Respondent :- High Court Of Judicature At Allahabad And Others
Petitioner Counsel :- Yogesh Kumar Saxena,Khan Saulat Hanif
Respondent Counsel :- C.S.C.,Amit Sthalekar
Hon'ble Ferdino Inacio Rebello,Chief Justice
Hon'ble Prakash Krishna,J.
The matter pertains to recruitment in the Subordinate Courts. The appointing authority is the District Judge, who is not a party to this petition. The three respondents, who have been arrayed, are neither proper nor necessary parties to the petition. Apart from that, the Supreme Court time and again has held that in the matter of recruitment and conditions of service, no P.I.L. would be maintainable. Apart from that, the ministerial staffs of the Subordinate Courts have their own Associations. If the persons aggrieved do not come, their cause can be espoused by their Associations. In the light of that, we cannot consider the locus of the petitioners herein.
For the aforesaid reasons, we find no reason to entertain this petition. It is accordingly, dismissed.
However, we make it clear that if the proper and aggrieved persons come before this Court, then dismissal of this petition will not stand in their way.
Order Date :- 13.4.2011
RKK/-
(F.I. Rebello, CJ)
(Prakash Krishna, J)�
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