Rakesh Kumar And Others vs State Of J&K And Others

Rajesh Bindal, J

The petitioners approached this Court way back in the year 2011, praying for the following reliefs :-

"a) To command and direct the respondents to issue Roll Numbers in favour of the petitioners and allow them to sit in the ETT Examination of first sessions of 2009-11, starting from 15.04.2011, by the issuance of a writ, order or direction, in the nature of Mandamus.

b) To command and direct the respondents 1 to 3 to get the case investigated by Crime Branch with regard to the cheating done by respondent No. 4 with the petitioners and de-affiliation of the said institute for imparting any type of education to the students, by the issuance of a writ, order or direction, in the nature of Mandamus."

A perusal of the aforesaid relief shows that direction was sought to permit the petitioners to sit in the examination of first sessions of 2009-11 batch.

A perusal of the paper book shows that notice in the petition was issued to respondent No. 4 on 08.07.2011 and thereafter, the matter was last listed on 22.07.2011.

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."

When the case was taken up for hearing, no one had appeared for the parties. A perusal of the prayer made in the present petition shows that the relief prayed for therein has been rendered infructuous, at this stage, the examination in which the petitioner wanted to appear was about a decade back.

Nothing survives in the present petition, at this stage. 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.