NEETU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court allowing the writ petition filed by the respondent No.7 - Daljit Singh, purportedly in public interest as a Public Interest Litigation (in short 'PIL'). Respondents 1 to 6 were official respondents in the writ petition. Grievance in the writ petition was that the appellant had got appointment as Audit Inspector, Co-operative Societies Ferozepur on the basis of Schedule Caste certificate though she was not member of any Scheduled Caste. It was averred that the appellant was married to Shri Jagminder Singh, member of the Scheduled Caste and it was on that basis aforesaid certificate had been obtained. It was stated that in spite of several complaints made to the authorities, no effective action was taken. The official respondents filed a reply to the effect that proceedings to cancel the scheduled caste certificate were under progress and, therefore, the writ petition was premature. The appellant filed a written statement stating that on account of her marriage with Jagminder Singh, she was to be considered as a member of the scheduled caste. It was pointed out that the writ petitioner was not qualified and only because of personal vendetta he had filed the writ petition styled as a PIL. The High Court by the impugned judgment issued a writ in the nature of qua warranto setting aside the appointment of the appellant.

(3.) In support of the appeal, learned counsel for the appellant submitted that in service matters, PIL is not maintainable. The writ petition was filed because of personal animosity and can by no stretch of imagination be considered to be a public interest litigation.