Ashok Bhushan, Ag.CJ
Heard learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents.
2. These writ petitions have been filed as public interest litigations for the following reliefs:
“W.P.C.No.20927/2014
i. Issue a Writ of Certiorari or other appropriate writs, orders or directions to call for the records leading up to Exhibit P-5 and also the details of the appointments made by the third respondent and to quash the same.
ii. Issue a Writ to declare that the third respondent is having no power or authority to make appointments without inviting applications or calling for a list from the Employment Exchange even for temporary basis.
Iii. Issue a Writ of Mandamus to the respondents 1 and 2 to make permanent appointments to the Palakkad Medical College through a selection process at the instance of the Kerala Public Service Commission as expeditiously as possible at any rate within a time frame to be fixed by this Hon'ble Court.”
W.P.C.No.21645/2014 “i. issue a writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to quash all the appointments made by the 6th respondent in the 2nd respondent society and call for the records leading to Exhibit P5.
ii. Issue a writ of mandamus or other appropriate writ, order or direction directing the 4th respondent to quash the Exhibit P5, application called for appointments by the 6th respondent, in Palakkad Medical College, declare that the same is illegal.
Iii. Issue a writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to take over all the appointments for teaching and non teaching staff in the 2nd respondent society for the Palakkad Government Medical College.
iv. Issue a writ of mandamus or other appropriate writ, order or direction directing the 2nd respondent that all the appointments made by the 6th respondent in the Palakkad Government Medical College is illegal and the same is to be set aside.”
3. The Government of Kerala had ordered to establish a new Medical College at Palakkad for the Scheduled Caste/Scheduled Tribe development. The proposed medical college was put under the governance of Scheduled Caste and Scheduled Tribe Residential Educational Society, Kerala which is a registered society for the establishment of medical college. Government provided necessary infrastructure and as per Government order dated 23/03/2013, a Special Officer was appointed for carrying out the process of recruitment of the staff, consequent to the same recruitments were made by the Special Officer. W.P.C.No.20927/2014 has been filed by the petitioners as a public interest litigation praying for quashing the appointments made in the Medical College.
4. The reliefs prayed for in W.P.C.No.21645/2014 has also been quoted above. The learned counsel for the respondents have already filed a Counter affidavit inter alia contending that W.P.C.No.20927/2014, as a public interest litigation, may not be entertained since essentially it challenges the appointments made in the medical college which is functioning. Moreover, the said writ petition relates to service matter of those respondents who have already been appointed. Some of the candidates, who have already been appointed and were permitted to be impleaded in this writ petition, submit that by this means of public interest litigation their appointment cannot be challenged.
5. It is well settled law that public interest litigation is not maintainable in service matters. The Apex Court has laid down the said proposition in Hari Bens Lal v. Sahodar Prasad Mahto and others [(2010) 9 SCC 655] and Duryodhan Sahu (Dr.) v. Jitendra Kumar Mishra [(1998) 7 SCC 273]. The recent judgment of the Apex Court in Ayaaubkhan Noorkhan Pathan v. State of Maharashtra [2012(4) Suppl.45 (SC)] also laid down the same proposition. Hence W.P.C.No.20927/2014 filed in public interest challenging the appointments made in the Medical College, cannot be entertained as a Public Interest Litigation. That apart, the 3rd respondent has produced materials to indicate that appointments were made after a due selection process and after issuing public notice.
In view of the above, these writ petitions are dismissed. Interim order granted on 21/08/2014 in W.P.C.No.20927/2014 is vacated.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr