HUMAN WELFARE MISSION Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.B. Barman, learned counsel for the petitioner. This is a PIL filed by the petitioner for claiming following reliefs by invoking the extraordinary jurisdiction of this Court under Article 226/227 of the Constitution of India. The relief claimed are these:

(2.) At the outset, we made a query to learned counsel appearing for the petitioner that since the advertisement impugned in this petition was subject matter of one litigation prior to filing of this petition then why this fact was not disclosed in this PIL by the petitioner. This query was made by the Bench because incidentally one of us (Justice Ujjal Bhuyan) had the occasion to decide the said litigation sitting in Single Bench and the said petition was dismissed by his Lordship by upholding the impugned advertisement.

(3.) Learned counsel for the petitioner then fairly admitted that the impugned advertisement (Relief Clause No. 1 of this petition) was under challenge at the instance of some other petitioners and it was dismissed by the writ Court by upholding the impugned advertisement. He also then said that the matter is now carried to Supreme Court of India at the instance of those writ petitioners and the same is pending in Supreme Court.