YATIN N OZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) B.J.SHETHNA, J. Petitioner " Shri Yatin N. Oza, Senior Advocate practising in this Court and former President of High Court Advocates Association, has filed this petition in 2005 as a Senior Advocate and President of High Court Advocates Association and also ex-Member of Legislative Assembly (MLA) of State of Gujarat. He has filed this petition as Public Interest Litigation as a conscious citizen and person in public life.

(2.) Following prayers have been made in this petition:

(3.) This petition was presented before this Court on 29th July, 2005. Advance copy of the petition was served upon the learned Assistant Government Pleader of State of Gujarat. Thereupon, a brief reply-affidavit dated 3rd March, 2006 was filed by Shri K. M. Bhavsar, Joint Secretary, Home Department, Gujarat State, raising several preliminary objections, one of that was that the petitioner has no locus standi to file the petition and that due to personal animosity with some of the respondents, the petition is filed. Thus, it is not a Public Interest Litigation, but purely a Private Interest Litigation. Other preliminary objections have also been raised in the reply. However, we are not inclined to deal with the same in view of the direct judgment of the Hon'ble Supreme Court in Dattaraj's case (supra) against the petitioner, wherein the Hon'ble Supreme Court has held that PILs in respect of service matters should not be entertained by High Courts.