Ek Registered Society Ne PIL ke Jareeye UPTET 2011 Ko Radd karne Kee Maang Kee, Saboot ke Tor Par News Papers ki Cutting Dikhayee, Court ne Radd ki PIL

Ek Registered Society Ne PIL ke Jareeye UPTET 2011 Ko Radd karne Kee Maang Kee,
Saboot ke Tor Par News Papers ki Cutting Dikhayee, Court ne Radd ki PIL 
HIGH COURT OF JUDICATURE AT ALLAHABAD


?Chief Justice's Court


Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 57810 of 2015


Petitioner :- Soft Power Art And Culture

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Agnihotri Kumar Tripathi,Anil Singh Bishen

Counsel for Respondent :- C.S.C.


Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice

Hon'ble Yashwant Varma,J.

The petitioner is a society by the name of ?Soft Power Art and Culture Gram Bharathi ka pura Phaphamau? claiming to be registered under the Societies Registration Act, 1860 with an object to advance education in rural areas with the help of drama and public art (by way of public stage). The petitioner has sought to challenge the results of the Teacher Eligibility Test (TET) which was conducted in 2011; the results having been declared on 25 November 2011. The petition is filed on the basis of a newspaper report dated 20 July 2015 in a local newspaper stating allegedly that two employees of the Secondary Education Board have been found guilty of tampering with the tabulation register.

The basic issue is as to whether it would be appropriate for the Court to entertain a public interest litigation under Article 226 of the Constitution nearly four years after the TET was conducted in 2011 at the behest of the petitioner whose track record and credentials are not certain and free from doubt. There is a great danger in such cases that the jurisdiction under Article 226 has been invoked by a busy body for extraneous purposes.

Beyond stating that the petitioner is a registered society and is formed with an object of advancement of education in rural areas with the help of drama and public art, the petitioner has not indicated what work has been done by the petitioner in the past. No material has been forthcoming before the Court to establish that the petitioner is genuinely pursuing a bona fide issue in the public interest. None of the individuals who would be directly affected by the relief claimed is before the Court.

In this view of the matter, we are not inclined to entertain the PIL under Article 226 of the Constitution. We expressly clarify that we have not expressed any view on the issue of legality, if any, in these proceedings.

The petition is, accordingly, dismissed. There shall be no order as to costs.

Order Date :- 12.10.2015

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