Ajay Kumar vs State of Jharkhand

D.N. Patel, J.—This Public Interest Litigation has been preferred by the petitioner with the following prayers:

"a. For issuance of an appropriate Writ/writs, order/orders, direction/directions in the nature of mandamus commanding upon the respondents specially the respondent No.1 to immediate and forthwith ordered to hold an high level enquiry for whole affairs of the work awarded to the NGOs and Lapse of High amount of Fund in the State due to lack of effective measures of implementation.

b. For issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of mandamus commanding upon the respondents to restrains the Government to award the development works to the Blacklisted or non performing NGOs as because they are not doing work as per the guide line and rules.

c. For issuance of an appropriate writ/writs, order/orders, direction/directions to call for the report from every Deputy Commissioner of the all districts about the said allegation and lapses of fund.

d. For issuance of an appropriate writ/writs, order/orders, direction/directions to institute a high level enquiry for the massive illegality committed by the respondents in the entire story.

e. For issuance of an appropriate writ/writs, order/orders, direction/directions to respondents fix minimum eligibility criteria and criteria should strictly be followed.

f. For issuance of an appropriate writ/writs, order/orders, direction/directions to give detail report that how the Government works are being awarded to the various NGOs without fulfilling the proper criteria."

Having heard learned counsel for both the sides and looking to the facts and circumstances of the case and also looking to the counter-affidavits, it appears that the major allegation by this petitioner, who is also running a Non Governmental Organization, is that some works have been assigned to other Non Governmental Organisations and, therefore, grievances have been ventilated against those Non Governmental Organisations with an allegation that they are Black-listed Non Governmental Organisations and the Government is assigning them the work.

This allegation has been denied in the counter-affidavit, specially looking to paragraph-13 onwards, filed by the State of Jharkhand. It has been categorically mentioned that Government is capable of doing the work at its own. Nonetheless, some work is being assigned to Non Governmental Organisations, so there is a public participation also. Otherwise, the departments are capable of doing the work and the Non Governmental Organisations have no monopoly of doing the said work.

Thus, it appears from the facts of the case that this is not a Public Interest Litigation at all. The dis-satisfied Non Governmental Organization (petitioner) has filed this writ petitioner, because the work has not been assigned to it rather the work has been assigned to some other Non Governmental Organisations.

It further appears from the facts of the case that except bare averments and allegations, noting has been established even primafacie by this petitioner about other Non Governmental Organisations, who are black-listed and the work has been assigned to them. Bare assertion has no value in the Court of law, unless prima facie evidence is being placed before this Court. There is nothing on record that some work assigned by the Government to other Non Governmental Organisations is illegal assignment and they are not doing their work and those Non Governmental Organisations are black-listed Organization. Thus, there is no substance in this Public Interest Litigation, as this is not a Public Interest Litigation at all.

As and when suitable work is available with the Government for this petitioner (Non Governmental Organization) and if the petitioner is found even otherwise suitable and capable in comparison to other compatible Non Governmental Organisations, the work will be assigned to this petitioner.

With the aforesaid observations, this Public Interest Litigation is hereby dismissed.