No PIL in service matters

Delhi High Court: Forum of SC and ST legislators and Parliamentarians- a non legal entity filed a PIL before the Delhi High Court alleging that that E-8 Level officers of Oil and Natural Gas Corporation (ONGC) are illegally not being considered for promotion. The Court said that in case some persons are not being considered for promotion, then only such persons have locus standi to approach the Courts with their grievance.

Further it stated that someone else can’t approach the Court on their behalf especially, in service matters. For this, the Court relied on Bholanath Mukherjee v. Ramakrishna Mission Vivevkananda Centenary College, (2011) 5 SCC 464 in which the Supreme Court had held that in service matters a Public Interest Litigation petition does not lie.

Observing that the petitioner was a non-legal person, the Court held that it being only a non-legal person did not have any personal interest, and the personal interest would be of individuals who are employees of respondent. Accordingly, the writ petition was dismissed for lack of locus standi. [Forum of SC and ST legislators and Parliamentarians v. Oil and Natural Gas Corporation, 2017 SCC OnLine Del 7217, decided on 27.02.2017]

 

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