PIYUSH CHATRABHUJBHAI DHANDHALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Essentially in this writ petition, challenge is laid to the recruitment process commenced by respondent pursuant to the advertisement dtd. 12/10/2018 for the posts of Non- Secretariat Clerk, Class-III and Secretariat Office Assistant, Class-III contending that those candidates who are eligible during 2018 to 2021 should be permitted to participate in the recruitment process by permitting them to write the examination which is likely to be held on 13/2/2022.

(2.) The Hon'ble Apex Court in the case of Hari Bansh Lal v. Sahodar Prasad Matho & Others , reported in (2010) 9 SCC 655, has clearly held that Public Interest Litigation is not maintainable in service matters, except for issuance of a writ of quo-warranto, for which appointment must be shown to be contrary to the statutory provision. It has been held therein;

(3.) Keeping in mind the aforesaid authoritative principle of law enunciated by the Hon'ble Apex Court, when we examine the claim made in the present petition, it would emerge therefrom that petitioner is a student and is an aspiring candidate for the recruitment process commenced under the advertisement dtd. 12/10/2018 referred to supra. Thus, petitioner is espousing his private cause under the guise of Public Interest Litigation and on this ground alone, petition is liable to be dismissed. Accordingly, we dismiss the petition as not maintainable. We also make it clear that if at all the petitioner has any personal grievance, he would be at liberty to espouse his cause in appropriate proceedings and we have not expressed any opinion on merits of the claim made in the present petition.