The Uttarakhand High Court closed a Public Interest Litigation (PIL) filed seeking direction to the State, through
Secretary, Higher Education, as well as Vice Chancellor of Doon University, to act upon the Joint Committee Report, as submitted by the State authorities, and the authorities of Doon University on 02.12.2019.
A further direction has been sought by petitioner to respondents to ensure action against all persons, who
have been found guilty, as per the letter dated 13.11.2017 issued by State Government.
M.C. Pant, counsel appearing
respondents submits that the Petition is
motivated and sponsored by Registrar of the Doon University, who, in order to grind his axe, has made bald allegations in the Petition.
He further submits that, in the Petition, promotion given to private
respondents, to the post of Associate Professor and Professor, has been targeted, based on an Audit
Report, while the Auditor had no authority to go into the question of promotion given to private
respondents. He further submits that it is well settled position in law that Public Interest Litigation cannot be entertained in service matters.
Thus, he submits that the Petition, filed allegedly in Public Interest, is
liable to be dismissed, in view of the law laid down by the Supreme Court in State of Uttaranchal v. Balwant Singh Chaufal and Others, (2010) 3 SCC 402.
Rajendra Dobhal, Senior Counsel
appearing for Doon University, submits that the University has taken action, pursuant to the Joint Committee Report dated 02.12.2019, and also the
communication dated 13.11.2017 issued by the State Government. Thus, he submits that the purpose of
filing the Petition has been served, after action pursuant to the communications referred to in Prayer.
Abhijay Negi, counsel for petitioner
fairly submits that action, pursuant to the Joint Committee Report dated 02.12.2019 has been taken,
and action pursuant to State Government’s communication dated 13.11.2017 was taken after filing
of the present PIL, qua private respondents. He, however, submits that a Standard Operating Procedure, for purchases to be made in the Doon University, be issued.
Since the reliefs, as claimed in Prayer have been granted by respondents, therefore, nothing survives in the Petition , the Division Bench of Acting Chief Justice Manoj Kumar Tiwari and Justice Vivek Bharti Sharma was not inclined to
issue any direction for framing Standard Operating Procedure.
As regards irregularities in purchases made by the University authorities, the Executive Council of the University shall take a decision thereupon within six months , the Court directed.