Aashiash Kumar And Others vs State Of J&K And Others

Rajesh Bindal, J

The petitioners approached this Court praying for the following reliefs :-

"i. Writ of Mandamus directing the respondents to consider the Graduation and Post Graduation Degrees of the Petitioners done from the Sikkim Manipal University and give due weightage to the Graduation and Post Graduation Qualification of the petitioners.

i). With a further Writ of Mandamus directing the respondents Select and Appoint the petitioners to the post of Teacher advertised vide Notification No. 01 of 2010 dated 12.1.10 or Accounts Assistant in pursuance to the Advertisement Notification No. 01 of 2010 dated 12.1.2010 under the Jammu and Kashmir Kashmiri Migrants (Special Drive) Recruitment Rules 2009."

Notice in the petition was issued on 03.06.2010. The present petition was listed once on July 30, 2010 and was never pursued by the petitioners thereafter.

A perusal of the file shows that the issue raised in the present petition is with regard to selection and appointment as teacher in view of advertisement issued way back in the year 2010. The weightage of the qualification of the petitioners was in dispute. None of the selected candidate has been impleaded as party in the writ petition.

There are matters pending in this court in which issue of admission to various professional courses and other classes is involved. In some by interim order either admission was granted or seats were directed to be kept vacant but the cases are still lying in court for decades. There are matters where issues regarding construction of roads, culverts, schools, colleges, community centres and other projects of development are pending consideration before this court. In some cases interim stay has also been granted. In these cases even the government departments and counsels are not taking any interest to furnish the requisite information to the court and get those cases disposed of. In fact, as a result of pendency of these types of cases lot of development projects have been put on hold. These are few examples being noticed. There are many more.

Regularly, the cause list is being issued, which is being uploaded on the website of the High Court. The same is accessible to the Advocates as well as to the litigants. In the cause list issued for this Court, a specific note is being printed to the following effect:

"All Advocates whose cases are listed in cause list are requested to contact the concerned Bench Secretary-Mr. Hilal Yousuf on Mobile No. 9419150533 / Reader-Mr. Reagan Thakur on Mobile No. 9419140621."

In the present case as well none of the parties contacted the Bench Secretary or Reader of this Court.

Detailed reasons have been noticed in order dated June 30, 2020 passed in SWP No. 2374/2002 titled as Santosh Kumari Vs. State of J&K and others."

In view of the aforesaid facts, nothing survives in the present petition, at this stage. The same is accordingly, dismissed, however, with liberty to petitioners to get the same revived within a period of three months from the date of this order, if the cause of actions till survives.