Interested Person Not Entitled To File PIL: Supreme Court Dismisses Plea Filed By Aspirant To Post Of State Information Commissioner

An interested person is not entitled to file a public interest litigation, the Supreme Court observed while it dismissed a petition filed by an aspirant to the post of the State Information Commissioner.

The Karnataka High Court had earlier dismissed the writ petition filed by Wing Commander GB Athri challenging an office memorandum issued by the State Government under which a provision was made to grant pension to the State Information Commissioners equivalent to the pension payable to the Chief Secretary of the State. Rejecting this challenge after hearing on merits, the High Court held that the State Information Commissioners are entitled to the same pension, which is payable to the Chief Secretary. 

"The State Government has pointed out that the present petitioner was also an aspirant to the post of State Information Commissioner and he had made an application seeking such appointment. It is pointed that his application was rejected as he was not found to be suitable. It is submitted that this fact has been suppressed by the petitioner while filing the present petition. This is also a factor, which needs to be taken into consideration while we deal with this petition purportedly filed in public interest", the High court had observed.

Dismissing the SLP filed by him,the bench of Justices Indira Banerjee and JK Maheshwari observed:

"Since the petitioner was also an aspirant to the post of the State Information Commissioner and has made an application seeking such employment as recorded in the judgment and order of the High Court impugned, we are of the view that the High Court has rightly declined to entertain the writ petition filed by him purportedly in public interest. It is well settled that an interested person is not entitled to file a public interest litigation."

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