Utt HC | Civil and Fundamental Rights of petitioner not affected hence no locus standi; Court dismisses petition

Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Alok Kumar Verma, J., dismissed a petition which was filed challenging the legality of Advertisement No. 01/2021 issued by the Uttarakhand Biotechnology Council, whereby the Council had invited applications for appointment on the post of Scientist Category ‘B’ (Engineering).

Counsel for the petitioner, Mr Vinay Kumar submitted that the petitioner had never applied for the said post, yet, the petitioner had approached this Court for quashing the said advertisement, and for directing respondent 2 to re-advertise the said posts. The Court in this circumstance had asked the counsel to prove the locus standi of the petitioner. The counsel submitted that the petitioner fulfilled the eligibility requirement for the said post but had never applied for the said post.

The Court held that since the petitioner is not adversely affected by the impugned advertisement, since his civil and fundamental rights are not adversely affected by the said advertisement, the present Writ Petition was highly misplaced.

The Court dismissed the petition with a cost of Rs 5,000/- (Rupees Five Thousand Only).[Abhishek Yadav v. State of Uttarakhand, 2021 SCC OnLine Utt 722, decided on 12-07-2021]

Suchita Shukla, Editorial Assistant has reported this brief.

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