Suresh Kumar vs State Of J&K And Others

Rajesh Bindal, J

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

"(i) Writ of mandamus commanding the respondents to prepare the certificate of marks and Diploma of the petitioner in consequence of his result declared by the respondents on 01.10.2011 (Annexure-B)

(ii) Commanding the respondents to issue the marks certificate and Diploma in Pharmacy at an earliest in favour of the petitioner to enable him to undergo further studies in B. Pharmacy."

Notice in the petition was issued on 03.11.2011 and the following interim order was passed :-

"Notice returnable within two weeks.

List after the service is complete.

CMP 2071/2011

Appearance as above.

Notice returnable within the aforesaid period for filing objections.

Meanwhile, the respondents shall consider issuance of marks and provisional certificate of diploma, provided the same is permissible in accordance with the Rules within the notice period."

A perusal of the aforesaid order shows that in fact, the final relief itself was granted to the petitioner as otherwise nothing could be done by any authority which is not 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.

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."

Considering the aforesaid facts which clearly establish that the prayer made in the present petition has been rendered infructuous and nothing survives therein, at this stage. The same is accordingly, dismissed.