'Being An Advocate, Should Not Have Filed A Frivolous PIL': Uttarakhand HC On Dismissing PIL On UGC Funds Mismanagement

While dismissing public interest litigation, the Uttarakhand High Court has held that being an advocate, the petitioner should not have filed a frivolous PIL on the mismanagement of UGC funds without pointing any specific instances.

The Division Bench of Acting Chief Justice S.K. Mishra and Justice Alok Kumar allowed the petitioner to withdraw the PIL without any liberty to file any further petition.

Filed through Advocate M.C. Pant, the petitioner prays for issuance of a writ of Mandamus directing the University Grant Commission [UGC] to take appropriate steps against the private respondents and the sponsoring societies, to stop the misuse of UGC funds and mismanagement committed by the sponsoring societies or any such other relief.

On the matter wherein the petitioner is a practicing advocate in Dehradun, the court observed that,

"It is apparent from the records that the petitioner, being an advocate, should not have filed a frivolous Public Interest Litigation because she alleges that there has been misuse of UGC funds and not a single whisper appearing in any paragraph of the writ petition regarding any specific instance of mismanagement of UGC funds."

When the petitioner for the advocate sought to withdraw the matter with the liberty to file a fresh writ petition, the withdrawal was allowed by the liberty to file a fresh petition was denied.

Case No: WP PIL 226/ 2021

Citation: 2022 LiveLaw (Utt) 1

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