LAWYERS INITIATIVE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The nomination of private respondents made by the State Government to various Engineering Colleges in the State of Punjab is sought to be quashed by means of this writ petition by declaring the criterion for nomination laid down by the State Government vide order dated 22-8-1992 (Annexure P/3) as illegal, arbitrary and violative of Article 14 of the Constitution of India. The case of the petitioners is stated to be covered by earlier judgments of this Court in Puneet Kaur v. State of Punjab, 1995 (1) ACD 69 and Anter Preet Singh and others v. State of Punjab, C.W.P. 3763 of 1994 decided on 26-9-1994.

(2.) Despite there being two judgments of the Division Benches of this Court, the writ petition has been contested mainly on the ground of technicalities of its non-maintainability in public interest. It is submitted that the petitioners under the guise of public interest are seeking indulgence of discretionary constitutional jurisdiction of this Court in order to subverse the private interest/vested interests. The writ petition is also stated to be belated and suffering from unexplained delay and latches.

(3.) In order to appreciate the controversy, it is necessary to give resume of the facts leading to the filing of the present petition in public interest.