Court No. - 33
Case :- SPECIAL APPEAL No. - 730 of 2019 Appellant :- Balaji Ayurvedic Medical College And Another Respondent :- Union Of India And 3 Others Counsel for Appellant :- Rohit Pandey Counsel for Respondent :- A.S.G.I.,Krishan Pahal
Hon'ble Manoj Misra,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard Shri. Rohit Pandey for the petitioners-appellants; Shri.Ashutosh Kumar Srivastava for respondent nos.1 and 2 and Shri. Tejaswi Mishra, holding brief of Shri. Krishna Pahal, for respondent no.4.
Considering the nature of the order that we propose to pass, we do not consider it necessary to invite a response from the respondents, therefore, with the consent of learned counsel for the parties, this appeal is being disposed of finally.
Through Writ-C No.10586 of 2019, the petitioners-appellants had questioned the decision of the Government of India, Ministry of Ayureda, Yoga and Naturopathy, Unani, Siddha and Homeopathy (Ayush), rejecting their prayer for affiliation in the academic sessions 2019-20. It appears that rejection was pursuant to an earlier policy decision which was subject matter of challenge in Writ-C No.29837 of 2018 filed by the petitioners.
The learned Single Judge by the impugned order dated 20.5.2019 dismissed the writ petition by leaving it open to the petitioners to seek appropriate relief in the pending Writ C- No.29837 of 2018.
The grievance of the petitioners-appellants is that they had approached this court in respect of a subsequent cause of action which had arisen after filing of Writ-C No.29837 of 2018 and, therefore, instead of dismissing the writ petition, the appropriate course would have been to connect Writ No.10586 of 2019 with the pending Writ-C No.29837 of 2018, in which the policy decision of the Government was questioned.
No doubt, it was open to the appellants to move an application in the pending writ petition, but, according to our view, the court ought to have directed the subsequent petition to be connected with the earlier petition, so that both could be decided together.
In view of the above, we set-aside the order dated 20.5.2019 passed by the learned Single Judge in Writ No.10586 of 2019. Consequently, writ petition no.10586 of 2019 shall be restored to its original number and connected with Writ-C No.29837 of 2018.
We further deem it appropriate to direct that Writ Petition No.10586 of 2019, shall be listed with connected Writ-C No.29837 of 2018 before the learned single judge on 10.7.2019.
The special appeal stands disposed off accordingly.
Order Date:-7.6.2019 SB