New Delhi: Concerned over non-maintainable pleas being filed in courts, the Delhi high court has wondered why lawyers file such petitions without even reading “basic aspects” of the law.
The court observed that the litigants and advocates would be “well advised to at least read the basic law” before approaching the courts.
Justice Valmiki J. Mehta observed this while dismissing a plea by some petitioners seeking setting aside of letters issued by Guru Tegh Bahadur Polytechnic Institute here, terminating their services.
In its verdict, the high court held that petitioners have approached it despite the fact that there was an alternative efficacious remedy of approaching the district judge concerned before whom all these issues can be heard and decided.
“I have failed to understand as to why litigants and counsel, without even reading basic aspects of law and the repeated judgments passed by this court, should at all file non-maintainable petitions in this court. It is high time that the litigants and lawyers are well advised to at least read the basic law before approaching the courts of law,” Justice Mehta said.
“It is therefore clear that petitioners have approached the court, although there is an alternative efficacious remedy of approaching the concerned district judge before whom all the issues which are raised in the writ petition can be heard and decided,” the court said.
The high court noted that the institute was functioning under the Delhi Sikh Gurdwara Act whose Section 32 provided for a designated forum, that is the court of the district judge, to decide disputes between the employees and educational institutions run by the Delhi Sikh Gurdwara Management Committee.
“The petitioner will have to approach the designated court,” the court said while terming the plea as “not maintainable”.
“The disputes which are subject matter of the present writ petition would be governed by sub-section (d) of the section 32 (of the Act) and therefore, the petitioner will have to approach the designated court,” the court said while terming the plea as “not maintainable”.
