LAWS(PAT)-2002-1-37

SUDHANSHU SINGH Vs. STATE OF BIHAR

Decided On January 21, 2002
SUDHANSHU SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS matter has been filed as a Public Interest Litigation. Forty one petitioners have arrayed themselves to be petitioners. They are an amalgam of Principals, Lecturers, Librarians and other staffs of non government institutions from different districts of Bihar. In the petition itself they assert that the Court may look at their addresses to find out where exactly they are employed. This in itself shows that these institutions, should any writ be issued, would be affected. The institutions have not been made a party. Further a writ which the petitioners seek in no uncertain terms requires the High Court to issue a mandamus to the respondents so arrayed (in effect, the State of Bihar and the Bihar Intermediate Education Council) requiring these respondents to implement the norms of staffing pattern of 1981 in respect of non teaching staff and 1986 pattern in respect of teachers. The other reliefs sought is that these respondents should make rules regarding salary, allowances, requisite qualifications and other service condition of teaching and non teaching staffs at the institutions where the petitioners are employed.

(2.) THIS petition does not give any details of the institutions and the nature of the information on which the petitioners desire that a mandamus be issued. The institutions are not parties to the cause. The legislation which the petitioners desire and further desire that the High Court should issue directions to the State to frame it, cannot be issued on this petition with insufficient facts. Thus, the High Court is not inclined to issue a writ. This is not a matter which can be taken as a Public Interest Litigation.