DINKAR KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India, filed by three Advocates as a Public Interest Litigation, impugns:-

(2.) The petition came up before us first on 7th May, 2014 when we, referring to Guruvayoor Devaswom Managing Committee Vs. C.K. Rajan, 2003 7 SCC 546 holding that ordinarily the High Court should not entertain a writ petition by way of a PIL, questioning the constitutionality or validity of a statute or a statutory rule, enquired the locus of the petitioners to maintain the challenge. On request of the counsel for the petitioners the matter was adjourned to 27th August, 2014.

(3.) The counsel for the petitioners on 27th August, 2014, on the aspect of maintainability of the petition relied on paras 24, 141 and 609 of S.P. Gupta Vs. Union of India, 1982 AIR(SC) 149 We, besides entertaining doubts as to the locus of the petitioners to maintain the petition, having also entertained doubts as to the merits of the petition, particularly in the light of our recent judgment in Bela Rani Bhattcharyya Vs. Union of India holding that writ petition under Article 226 of the Constitution though not barred by the Competition Act, 2002, was not maintainable in view of the remedy of appeal to the Supreme Court provided vide Section 53T of the Act, heard the counsel for the petitioners on the aspect of admission and reserved judgment.