JUDGMENT M. Katju and Umeshwar Pandey, JJ.
1. Heard Sri Gulab Chandra, learned counsel for the petitioner, Sri Ravi Kant, Sri J. Nagar, Sri Amit Negi, Sri Yashwant Verma for respondent Nos. 1, 2 and 3 and Sri B, N. Singh for the Union of India.
2. A series of writ petitions have been filed in this Court against the Allahabad Agricultural Institute, Allahabad, its Vice-Chancellor and other, officials, which have all been dismissed by this Court. In our opinion, these are nothing but blackmailing tactics and publicity interest litigation rather than public interest litigation.
3. Writ Petition No. 44533/2002, Ram Narain Pande v. Dr. Rajendra B. Lal and Ors. and Writ Petition No. 44534/2002, Ram Gopal Tripathi v. Dr. Rajendra B. Lal, were filed for issuing a writ of quo-warranto restraining Dr. R. B. Lal from functioning as Vice-Chancellor, Allahabad Agricultural Institute (Deemed University). These writ petitions were dismissed on 21.10.2002 by the following orders :
"The petitioner is challenging appointment of respondent No. 1 as the Vice-Chancellor of Allahabad Agricultural Institute which has been declared to be a deemed University.
We find no illegality in the appointment of respondent No. 1.
Petition is dismissed.
Sd/- Hon'ble M. Katju, J.
Sd/- Hon'ble R. Tiwari, J."
4. Thereafter, Writ Petition No. 44536/2002, Ham Narain Pande v. Dr. S. Herbert and Ors. and Writ Petition No. 44538/2002, Ram Gopal Tripathi v. Dr. S. Herbert and Ors. were filed for issuing a writ of quo-warranto restraining Dr. S. Herbert from functioning as Registrar, Allahabad Agricultural Institute, Allahabad (Deemed University). These writ petitions were dismissed on 21.10.2002 by the following orders :
"The petitioner is challenging appointment of respondent No. 1 as the Registrar of Allahabad Agricultural Institute which has been declared to be a Deemed University.
We find no illegality in the appointment of respondent No. 1.
Petition is dismissed.
Sd/- Hon'ble M. Katju, J.
Sd/- Hon'ble R. Tiwari, J."
5. Thereafter, Writ Petition No. 19818 0f 2003, Ram Gopal Tripathi v. Dr. S. Herbert and Ors. ; Writ Petition No. 19822 of 2003, Ram Narain Pandey v. Dr. S. Herbert and Ors. ; Writ Petition No. 21121 of 2003, Abdul Latif v. Dr. S. Herbert and Ors. and Writ Petition No. 21125 of 2003, Intizar Ahmad v. Dr. S. Herbert and Ors. were filed praying that the respondent Nos. 1, 2 and 3 be restrained from holding Yeshu Darbar in the premises of Allahabad Agricultural Institute, Allahabad (Deemed University). These writ petitions were dismissed on 8.5.2003 and it was held that India is not a country belonging to Hindus alone. India belongs to all citizens, Hindu, Christian, Muslim, Sikh, Budhist, Jew, etc. Everybody is equal in our country. No one is a second class citizen in our country. India is a secular and not a feudal country like Pakistan in which non-Muslims and even certain sects of Muslims like Shiyas or Ahmadiyas are regarded as second class citizens and are persecuted. Citizens of all religions and communities are equal and first rate citizens of our country and we are proud that all religions are treated equally in our country. It is because of the wisdom and far sightedness of our Founding Fathers who provided for secularism in our Constitution that India is surviving even now. With so much diversity, so many castes, religions, lingual and ethnic groups etc. it could not have survived otherwise.
With the above observation, those petitions were dismissed.
6. Subsequently, Writ Petition No. 42411 of 2003, Keshav Prasad Mishra v. Allahabad Agricultural Institute and Ors. ; Writ Petition No. 42414 of 2003 ; Keshav Prasad Mishra v. Allahabad Agricultural Institute and Ors. ; Writ Petition No. 42418 of 2003 ; Keshav Prasad Mishra v. Allahabad Agricultural Institute and Ors., Writ Petition No. 42524 of 2003 ; Keshav Prasad Mishra v. Allahabad Agricultural Institute and Ors. ; Writ Petition No. 42581 of 2003, Mritunjay Prasad Sharma v. Dr. S. Herbert and Ors., were filed before this Court for issuing a writ of quo-warranto restraining Dr, Mani Jacob from working as Chancellor, Dr. Rajendra B. Lal from working as Vice-Chancellor, Dr. S. Herbert from working as Registrar, Mrs. Sudha Lal from working as Campus Co-ordinator and Mr. Ranjan A. John from working as Finance Comptroller. These writ petitions were dismissed by the following orders :
"The petitioner Keshav Prasad Mishra has repeatedly filed writ petitions in this Court against the Allahabad Agricultural Institute and its Management, Principal, etc. We have already dismissed about one dozen such writ petitions. For instance in Writ Petition No. 30712 of 2003. Keshav Prasad Mishra v. Allahabad Agricultural Institute, decided on 21.7.2003, we passed the following order :
"Totally vague allegations have been made in this petition. It seems to be more a publicity Interest litigation rather than a public interest litigation, petition dismissed.
Sri Ravi Kant, Amit Negi and J. Nagar have appeared for the respondents."
7. The petitioner, in this case has not disclosed any locus standi. In Balco Employees Union v. Union of India, 2002 (2) SCC 333 (vide para 79), the Supreme Court has observed that now-a-days Public Interest Litigation is increasingly tending to become publicity interest litigation or private interest litigation. In para 80 of that Judgment the Supreme Court has also observed that in recent times P.I.L. has increasingly been abused. The same view has been taken in Guruvayoor Devaswom Managing Committee and Anr. v. C.K. Rajan and Ors.. 2003 (7) SCC 546 vide para 52, In Ashok Kumar Pandey v. State of West Bengal, 2003 AIR SCW 6105, the Supreme Court has castigated such mischievous and mala fide P.I.L.
8. In our opinion, all petitions were filed by the same group of people and it is nothing but blackmailing tactics. We consequently impose costs of Rs. 25,000 on the petitioner, which he must deposit within a month with the D.M. Allahabad failing which it will be recovered from the petitioner by the District Magistrate, Allahabad as arrears of land revenue, and utilized for any public welfare work.
9. The petition is, therefore, dismissed. Let the Registrar General send copy of this Judgment forthwith to the D.M., Allahabad.