Balasaheb Baburao Jambhulkar v. Mumbai University And 5 ORS.

YBG 6-os-pil-121-09

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION P.I.L.NO.121 OF 2009 Balasaheb B. Jambhulkar ..

Petitioner

Versus

Mumbai University and Ors.

..

Respondents Mr. Pralhad Parannape for petitioner Mr. Rui A. Rodrigues for respondent No.1 University Mr. Y.S.Jahagirdar, Senior Advocate with Vaibhav Joglekar i/b.S.S.Kanetkar for respondent No.2 Mr. Milind More, Addl. G.P. for State - respondent Nos. 3 and 4 Mr. Abhijit Kulkarni with Shardul Singh for respondent No.6 CORAM : B.R. GAVAI & B.P.COLABAWALLA, JJ DATE : 20th February 2018 P.C.:

1.

The petitioner has basically approached this Court challenging the appointment of respondent No.6 as Director of respondent No.5.

2] Petition is liable to be dismissed on two grounds. Firstly, the appointment which was made in the year 2000 has been challenged in the year 2009. No explanation, leave aside any plausible explanation for such an inordinate delay is given in the petition. 3] Secondly, in view of the law laid down by the Apex Court in the

YBG 6-os-pil-121-09 case of Girjesh Srivastav Vs. State of Madhya Pradesh reported in 2010(10) S.C.C. 766 public interest litigation is not tenable in the service matters. It is only the person who is aggrieved can raise a grievance with regard to the appointment or selection of his competitor.

4] We find that the petitioner has no locus. The petition is, therefore, rejected. Needless to state that the chamber summons shall stand disposed of in view of rejection of PIL. (B.P.COLABAWALLA, J) (B.R.GAVAI, J.)