Ahsan Ahmed Seikh And Others vs State Of J&K And Others

Rajesh Bindal, J

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

"(i) In the nature of mandamus commanding the official respondents 1-4 to accept the application forms of the petitioners and allow the petitioners 1-4 to take the Part-II examination of Diploma Pharmacy Commencing on 31-07-2010, for which the Petitioners have already completed a regular training course of one year in the Institute of Respondent No. 5 and also issue roll numbers to the petitioners;

(ii) In the nature of mandamus commanding the official respondents 1-4 to accept the application form of the Petitioner No.5 and allow him to take the Part-II examination of MMPHW commencing on 31-07-2010, for which he has already completed a regular training course of one year in the Institute of respondent No.5 and also issue roll number to him;

(iii) In the nature of mandamus commanding the respondent No.5 to submit the application forms of the Petitioners to the State Medical Faculty (SMF) for taking the said examinations commencing on 31-07-2010 and

(iv) In the nature of mandamus commanding the respondents, to declare the result of the said examination of the Petitioners along with other candidates."

Notice in the petition was issued on 30.07.2010 and the following interim order was passed:-

"Notice.

CMP No. 1116/2010

"Petitioners shall be allowed to take part in examination of Part-II Diploma Pharmacy and Part-II MMPHW Course scheduled to be held from 31.07.2010, subject to completion of all requisite formalities. The participation of the petitioners in the examination shall not confer special right unless the requisite conditions are fulfilled. Objections, if any, be filed within the two weeks.

Copy of this order be provided to the Learned counsel for petitioners.

List after two weeks."

The matter was last listed in Court on 12.09.2011 when objections were not filed by the respondent and the Court directed the respondents to declare the result of petitioner No. 4 of Part-II examination of Diploma in Pharmacy held in July-August, 2010, in case he had appeared in that examination.

Thereafter, the matter was never listed in Court as it was not pursued by the petitioners. Apparently, the petitioners have lost interest to pursue the present petition and get the same listed or may be with the interim directions issued by this court, the petitioners have already been granted relief by the authority concerned.

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."

Considering the aforesaid facts, nothing survives in the present petition as the prayer made therein has been rendered infructuous, at this stage. The same is accordingly, dismissed.