Durga Parihar and Others vs State of Raj. and Others

Vineet Kothari, J.—Heard learned Counsels for the parties.

Learned Counsel for the Respondents brought to the notice of the Court that original Notification No. 1/2009, the amendment to which on 19/2/2010 has been challenged in the present writ petition itself has been withdrawn by the State Government and with its withdrawal the selection process for teachers for teaching in the school run by Madersa Board has been cancelled.

He also drew the attention of the Court towards the order passed by the Coordinate Bench of this Court at Jaipur Bench in SBCWP No. 4418/2010 (Sunil Kumar Dhakad and Ors. v. State of Rajasthan and Ors.) on 6/9/2010 dismissing similar writ petitions as having become infructuous with the withdrawal of Notification No. 1/2009 dated 23/10/2009.

Learned Counsel for the Petitioners, Mr. A.K. Choudhary submits that such withdrawal of Notification No. 1/2009 is with oblique motive and Respondent State wants to recruit only such candidates, who have knowledge of ''Urdu'' language also, whereas, initially in pursuance of Notification No. 1/2009 the Respondent State had prepared the separate merit list for the class of candidates having no knowledge of ''Urdu'' in which present petition stood.

Having heard the learned Counsels, this Court is of the view that with the withdrawal of original Notification No. 1/2009, the subsequent amendment thereto, which was challenged in the present writ petition, itself goes and the selection process has been cancelled by the State Government, therefore, the very cause of action to the Petitioners does not survive. No oblique motive can be inferred in such withdrawal of the initial Notification No. 1/2009.

Consequently, in the opinion of this Court, this writ petition has also become infructuous and same is dismissed as such. No order as to costs.