Court No. - 34
Case :- WRIT - A No. - 30891 of 2001 Petitioner :- Jagdish Prasad Sharma Respondent :- State Of U.P. & Others Counsel for Petitioner :- V.K. Shukla,Kamlesh Shukla Counsel for Respondent :- C.S.C.,B N Mishra
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared to press this writ petition. Learned Standing Counsel is present for respondents. In the circumstances, I myself have perused the record.
2. By means of present writ petition, petitioner has sought following reliefs:
“(i) issue a writ, order or direction in the nature of certiorari calling for the record of the case and to quash the illegal recommendation dated 11.7.2001 made by the U.P. Secondary Education Services Selection Board, Allahabad in regard to the Principal of 'Nehru Smarak Uchchatar Madhyamik Vidyalaya, Darawar, District Bulandshahar.
(ii) issue a writ, order or direction in the nature of mandamus declaring the provisions as contained under Rule 12(5) of U.P. Secondary Education Services Selection Board Rules, 1981, as ultra vires being violative of Article 14 and 21 of the Constitution of India.
(iii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the peaceful functioning of the petitioner, as adhoc Principal of Nehru Smarak Uchchatar Madhyamik Vidyalaya, Darawar, District Bulandshahar.”
3. I myself have gone through the pleadings, grounds as also reliefs sought and find that petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
4. Moreover, it appears that either the cause of action no more survives or the petitioner has lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for petitioner is absent.
5. Dismissed. Interim order, if any, stands vacated.
Order Date :- 24.8.2018 PS