E.T.T Kaushalya Educational And Welfare vs State Of J&K And Others

Rajesh Bindal, J

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

"(i) Writ of certiorari quashing the order No. Edu/Legal/J/ETT/08/08 dated27.2.2009 by virtue of which the claim of the petitioner for grant of NOC has been disallowed.

(ii) Writ of mandamus directing the respondents to issue NOC to the petitioner for running ETT Course and further allot students to the institute of the petitioner for the session 2008-2010 through counselling."

Notice in the petition was issued on 16.05.2009 and the following interim order was passed :-

"Notice.

Notice in the CMP also. Meanwhile, respondents are at liberty to address the plight of the petitioners strictly in accordance with law."

Thereafter, the matter was never listed in Court as it was not pursued by the petitioner. Apparently, the petitioner has lost interest to pursue the present petition and get the same listed or may be with the interim directions issued by this court, the petitioner has already been granted relief by the authority concerned. In fact the interim order passed by this court shows that final relief itself was granted without even seeking response from the respondents as any action on an application by any party can possibly be as per rules and regulations applicable for the purpose.

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.

Considering the aforesaid facts, nothing survives in the present petition, at this stage. The same is accordingly, dismissed.