Allahabad High Court: In a Public Interest Litigation (‘PIL’) filed for directing the State to publish the report of Justice Rohini Commission and make it accessible to the public domain in the interest of justice and the larger public interest, a Division Bench of Arun Bhansali, CJ., and Vikas Budhwar, J. dismissed the PIL in accordance with the provisions of Article 340 of the Constitution of India.
Background:
The Justice Rohini Commission was constituted under Article 340 of the Constitution with the approval of the President on 02-10-2017 to examine the issues of sub-categorization of Other Backward Castes. The Commissioner submitted its report to the President on 31-07-2023 in terms of Article 340 (2) of the Constitution. The report, along with actions taken, was presented before both the Houses of Parliament under Article 340 (3). However, the report cannot be published in the public domain until the prescribed process is completed
Court’s order
The Court said that in accordance with Article 340 (3), the reports need to be placed before both the Houses of Parliament and until this procedure is completed the report cannot be published in the public realm.
Thus, in view of the constitutional procedure, the Court dismissed the petition.
[Eklavya Educational Foundation v. Union of India , 2024 SCC OnLine All 1463, Order dated 01-05-2024]
Advocates who appeared in this case :
For the Petitioner: Advocate Anil Kumar Bind
For the State: C.S.C., Pooja Agarwal
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