The Delhi High Court dismissed as withdrawn a writ petition challenging the empanelment list for appointment of members to the Armed Forces Tribunal (AFT), after observing that the petition was not in the nature of a public interest litigation but was founded on an individual grievance.

The Court noted that the petitioner, who appeared in person, had a vested personal interest in the matter, as his primary grievance was that his name did not figure in the empanelment list. The Court observed that the challenge was essentially driven by dissatisfaction over non-empanelment rather than any issue affecting the public at large.

Reiterating settled legal principles, the High Court observed that empanelment or inclusion in a selection list cannot be claimed as a matter of right. The Court also took note of the fact that the same petitioner had earlier approached the Court by way of a public interest litigation on a similar issue, which had been dismissed.

In view of these circumstances, the petitioner sought permission to withdraw the writ petition. Accepting the request, the Delhi High Court dismissed the petition as withdrawn, while granting liberty to the petitioner to institute a public interest litigation, if so advised, in accordance with law.

Appearances:

Petitioner in person

Respondents: ASG Chetan Sharma; CGSC Radhika Bishwajit Dubey