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Satish Kumar Arya v. State Of U.P. And Others - WRIT - A No. - 55013 of 2007 [2007] RD-AH 17537 (6 November 2007)

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C.M. W.P. No. 55013 of 2007

Satish Kumar Arya Vs. State of U.P. and others

Hon'ble Sudhir Agarwal, J.

This petition, in my view, is thoroughly misconceived having been filed by Satish Kumar Arya claiming himself to be Prabandhak and Pradesh Mahamantri, U.P. Manyata Prapt Vidyalaya Kalyan Sangthan, seeking following relief:-

"(1) issue a writ, order or direction in the nature of mandamus commanding the respondent authorities no. 1 and 2 to take disciplinary action against respondents no. 3 and 4 in accordance with para no. 11 of the Transfer Policy (Annexure No. 2 to the writ petition) for not implementing the transfer order and for not relieving the respondent no. 4 Sri Vijay Kumar Sharma, from the Office of Joint Director of Education, Saharanpur to the office of District Inspector of Schools, Saharanpur pursuant to the transfer order dated 01.09.2006 (Annexure No. 1 to this petition).

(2) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(3) Award cost of this petition to the petitioner."

Learned counsel for the petitioner could not show that the petitioner has any legal, constitutional or other kind of right to maintain this petition seeking writ of mandamus commanding the respondents to take disciplinary action against the respondents no. 3 and 4. A third party cannot maintain this kind of petition and in service matters, a public interest litigation is not maintainable as held by Hon'ble Apex Court in Dr. B. Singh Vs. Union of India and others, AIR 2004 SC 1923.

In view of the above, this writ petition is dismissed as not maintainable.




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