'Policy Matter Of State': Allahabad High Court Junks PIL Seeking Declaration Of Holiday On Festival Of 'Karwa Chauth'

The Allahabad High Court recently rejected a Public Interest Litigation (PIL) plea for the declaration of a holiday on the festival of 'Karwa Chauth'. 

The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla observed that such matters fall under the realm of policy decision of the state and hence, the Court cannot entertain such disputes unless guided by statute.

"Even otherwise festivals are commonly celebrated by all," the bench further noted. With this, the PIL plea was dismissed.

Essentially, the PIL plea had been filed by one Ashish Kumar Mishra alleging that there is gender discrimination in the matter of declaration of holidays on the festivals. The Counsel for the petitioner submitted that the festival of Karwa Chauth is largely celebrated by women and still it has not been declared as a holiday.

However, noting that the issue falls under the realm of policy matters of the state, the Court rejected the plea.

It may be noted that recently, the UP government has decided to declare a holiday on the festival of Karva Chauth for women teachers posted in Madhyamik education government schools. Karva Chauth holiday is already being granted to women teachers working in basic government schools.

Last year, the Punjab and Haryana High Court declared a holiday for Karwa Chauth. The decision was taken after the Bar Association made a request in this regard to the High Court.

Case title - Ashish Kumar Mishra vs. State Of U.P. Thru. Chief Secy. Lokbhawan, Lucknow And 7 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 795 of 2023]

Case citation: 2023 LiveLaw (AB) 305

Click Here To Read/Download Order