Court No. - 34
Case :- WRIT - A No. - 5261 of 1999 Petitioner :- Mahendra Singh Tyagi & Others Respondent :- State Of U.P. & Another Counsel for Petitioner :- Vivek Mishra,V.C.Misra Counsel for Respondent :- C.S.C.,K.P.Shukla
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, petitioners have sought following reliefs:
“(a) issue an appropriate writ, direction or order declaring sub section (a) (ii) of sub section (1) of section 33-C of U.P. Secondary Education Service Commission (Amendment) Act, 1998, hereinafter referred as U.P. Act No. 25 of 1998 in so far it related to Principals/Head Masters working in recognized Intermediate Colleges as illegal, arbitrary and discriminatory and violation of Article 14 and 16 of the Constitution of India.
(b) issue appropriate writ in the nature of mandamus or any other writ, direction or order commanding the respondent for regularising the services of all ad-hoc Principals / Head Masters who have been working in different recognised Intermediate College and were holding the post on the date of enactment of U.P. Secondary Education Service Commission (Amendment) Act, 1998.”
3. I myself have gone through the pleadings, grounds as also reliefs sought and find that petitioners are 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 petitioners have 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 petitioners is absent.
5. Dismissed. Interim order, if any, stands vacated.
Order Date :- 26.7.2018 PS