Mahadev ETT College vs State Of J&K And Others

Rajesh Bindal, J

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

"(i) Writ of mandamus to direct the respondents to issue the NOC to the petitioner also, as has been done in the cases of other colleges of Jammu and Kashmir by the issuance of;

(ii) Writ of mandamus to command and direct the respondents to affiliate the college of the petitioner for the session 2008-2010."

While issuing notice in the petition on 20.04.2009, this Court passed the following interim order :-

"Issue notice returnable within two weeks. Steps for service of respondents to be taken within a period of one week. 'Dasti' services also permitted.

List after service is complete.

In the meantime, respondents are directed to consider the case of the petitioner and take a decision as per the rules governing the field."

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.