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How to file a Public Interest Litigation (PIL)?

Page no : 2

madan mohan nagar (orthopaedic surgeon)     04 March 2011

Medical council of india accepted promotions to the doctors in many private medical colleges agianst the law (m.c.i. act) the law clearly says (available at site of M.C.I.) that for promotions to next stage experience of RECOGNISED MEDICAL COLLEGE is desired but probably due to corrupt nexus between managements of such private colleges and m.c.i. the m.c.i.has accepted promotions to faclty from NON_RECOGNISED and PERMITTED/APPROVED colleges only.and given permission to such colleges for admissions to fresh batches of m.b.b.s. students....such violation of law will result productions of sub-standard future doctors who are taught by these incompetant doctors ,given promotions and permission without following the existing provisions of the law  ...when asked by R.T.I. the M.C.I. is mum and not responding...SUCH HALF BAKED DOCTORS WILL BE DANGEROUS TO THE SOCIETY IN FUTURE WHEN THEY WILL TREAT IN FUTURE...IS ANY ISTITUTION  PERSON ETC. IS INTERESTED TO FILE p.i.l. IN THIS MATTER RELATED TO LIFE AND HEALTH OF PUBLIC AT LARGE//// ESP. TO ACT AGAINST M.C.I. THE DOCTORS GIVEN PROMOTIONS ILLEGALLY DOCTORS WHO PASSED M.B.B.S. BY THIS WRONG ACTIONS AND MANAGEMENTS OF SUCH COLLEGES.?????

ravi shankar sharma (advocate)     04 July 2011

dear shree,

yes, very nice post with valued information.

certainly PIL has become a sharp edged tool of public  to have access to the courts in matter of public importance. 

Regards,

R S Sharma


(Guest)

Can I get some clarification on the following:-

 

 Complaints against Central/ State Government Departments and Local Bodies except those relating to item Nos. (1) to (10) above

 

According to the article PIL can not be filed except those relating to item Nos (1) to(10) above. Can I file a PIL against Ministry of Defence for allowing Controlers of Defence Accounts(CDA) to run their own URCs( Unit Run Canteens) to sell CSD goods where the employees of CDA  are not even eligible to avail CSD facility but for some Army Orders published clandestinely? URCs as per SC judge Dr Prasayat .J on the acse of status of employees of URCs Civil appeal No 3495 of 2005 decided on 28 Apr 2009(. The Judge reired 10 days after the judgement) are private ventures.

Ankit Kr Mishra (student)     16 November 2011

There is a wide difference between a Writ and a PIL .

there is a relaxation in the Locus Standi in PIL. All PILs re writs but  not vice versa. In a PIL any Public spirited individual can file a suit on the matter of public Importance but in writs only a person who has the cause of action may file the writ.  


(Guest)

Dear Advocate Siva

I have a fairly good idea about PIL. I am seized with a matter of public concern ( as par my self -over rated intelligence) regarding running of their own URCs( Unit Run Canteens selling CSD goods  by the CAD Staff/Est (govt civilian employees of the Controllers of Defence Accounts) including host of others central govt as well as state govt Staff/Est who are outrightly in-eligible to even avail CSD facility.

To provide CSD facility which includes liquor at a rate cheaper than the prevailing market rates to the troops( CSD facility meant exclusively for them) more than 1.76 lakh crores( infamous 2G Scam presumptive amount of loss) goes down the drain from the govt excgequers in every three years.There are 34 CSD Depot and a Head office which besides provided with prime lands , govt employees and infrastructures from the consolidated funds of India is flushed with more and more funds as three service headquarters in direct collusion with the ministry of Defence is continuing to expand its clientles by including more and more govt as well as casual/ temp employees of the ministry of defence as well as employees of the CSD & URCs.

COAS is the perfect tool to expand the clientles by the milions simply by ordering him to bend like BECHAM and publish Army Orders relating to establishing URCs at REMOTE AREAS where Exservicemen concentration is considerable . And the COAS in the guise of welfare of Ex-servicemen add one paragraph out of context to allow CDA Est/Staff and almost all govt personnel in the ministry of Defence and Offence sorry Fin & Home to run their own URCs. The clientle in respect Troops is now less than half the clientle created by para 6(f) of Army Order 19/2003 & para 12 b of Army order 2/2006.

The advocates practising in the HC of AP are not well aware of the CSD business and havs discouraged me to file such petition stating Judges are not kind to the petitioners in the past.I have made honest efforts to convince some of them ( of course I can't afford likes of Ram , Arun or Abhiseks or ANAND who can buy verdict for me). Now I have decided to go full stream to file it online but finding it difficult to register in the SC site.

Pl clarify whether my case is within the scope of :-

 

 Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wild life and other matters of public importance.

 

other matters of public importance.

 

An early reply is highly solicited.


(Guest)

Dear Mr. Haridas Mandal,

My humble suggestions are :-

 

(i)  Take-up the issue through PIL organisations (am unable to recollect the names);

(ii) Write to the SC Cell and seek their directions.  Since the issue involves 'Heritage and Culture' (ie., Military prestige and long cherished laurels), as well as 'public importance' , the same may be taken-up as PIL.

But, prior to initiate the PIL machinery, it is advisable to take-up the issues with all concerned authorities for remedial action/steps.

I will quote a personal example, At Chennai CSD Hyundai cars were not being booked for ESM.   I found that due to VAT dispute with the TN Govt, the said Company were not supplying to Chennaites.  Frequent communication with them has yielded results and the Hyundai cars are available for TN people.  This was accomplished without even initiating any 'writ petition' or representation to the TN Govt.  But, sadly another problem persists, wherein the CSD is not allowing booking of new cars due to the fact that the dealers' payment is pending for years (almost 10 crores!) and they rightly refused to supply to CSDs. 

Anyway, all the best!  you can reach me at advocatesivasu@live.com

 

Thanks & Regards,

 

 

 

 

 

 

Aafreen (Sr Tech Specialist)     27 December 2011

so if i am in mumbai , where do i go to file a PIL. what documents should i carry for PIL. should i get the signature of 150 residents to prove that it is for the larger interest of the public?

James (student)     08 December 2013

Dear sir

I am a medical student from goa and i am preparing for MDS entrance exam.

Unfortunately there is no post graduate entrance exam in goa and the admissions in state  is based on internal marks obtained from  1st to the final year which makes it very unfair for students to get admissions. So the students who have not got good marks in the academics are not able to get admissions to the college.

So the only option left to the students is to answer the ALL INDIA ENTRANCE EXAM and get admissions through ALL INDIA QUOTA.. as state quota is based on internal marks.

i would like to file a Public Interest Litigation (PIL) in the high court for  recommending a GOA STATE entrance exam  for Medical & dental post graduate courses, as this will make the admissions fair and give all the students an equal oppurtunity to get admission ..

Kindly guide me as to how to go about this.

 

 

 

 

Devaansh Garg   16 July 2015

Can someone please tell me in simple words how to file a PIL in the high Court?


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