Mamta Devi And Others vs State Of J&K And Others

Rajesh Bindal, J

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

"(i) It is therefore humbly prayed the Hon'ble Court may kindly be pleased to pass an appropriate Writ, Order or Direction to the respondents to admit the petitioners in the course of Female Multi-Purpose Health Worker(FMPHW) in the batch of 2012-13 and to conduct their examinations for part I & II along with the other 25 candidates of the institute of respondent no.5, along with or in altercation to any other relief which the Hon'ble Court may deem fit in the fact and circumstance of the case."

Notice in the petition was issued on 26.04.2013 and the following interim order was passed :-

"Issue notice in the main petition.

CMA 757/13

Notice in CMA also.

The present CMA, has been filed seeking a direction to respondents to accept the examination forms of the petitioners-students for allowing them to sit in the examination of Part-I Course of Female Multipurpose Health Workers, for the session April-May'13, pending final disposal of the main petition.

Learned counsel for the petitioners while referring to orders dt.l6thof Feb'12, passed in OWP No. 210/12 and 23rd of April'13, passed in OWP No. 198/12, by co-ordinate Benches of this court, submitted that in a similar nature of controversy involved in the above writ petitions, such a direction has been passed and the students of the petitioner-Institutes in the aforementioned writ petitions, were allowed to sit in Part-I course as also Part-II Course examination.

In view of the above, the respondents are directed to allow the petitioner-students to sit in the examination of Part-I course, which is to commence from 29th of April'13.This shall, however, be at their own risk and responsibility and subject to the outcome of the main petition.

A copy of this order be provided to the counsel for the petitioners under the signatures of the Bench Secretary. List along with OWP No. 210/12 and other connected petitions."

The matter was last listed on 04.06.2013 and thereafter, 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.

Considering the aforesaid facts, nothing survives in the present petition, at this stage, as the prayer made therein has been rendered infructuous. The same is accordingly, dismissed, however, with liberty to the petitioners to get the same revived within a period of three months from the date of this order, if the cause of action still survives.