Apropos the order passed on 17.02.2012, the respondent no.1-President of the institution has filed an affidavit with copy to all, wherein paragraph no.3 read as under;
"I further respectfully say that without entering into the merits, a decision has been taken to cull out an amicable solution by undertaking fresh evaluation based on the recommendations of the JAT by inviting applications by way of newspaper advertisement for selection of NGOs on merits for the projects. While doing so, petitioner's case would also be considered for selection on their fulfilling the criteria fixed in this regard, but without being influenced in any manner by resolution No.9 reproduced at page 234 and 235 (earlier page 229 and 230) of the captioned petition respectively. I respectfully submit that the outcome of the exercise undertaken in this regard will be subject to the approval by the NACO and would also govern the appointment of NGOs for the Truckers Project under consideration since it has been decided not to renew the contracts awarded to the respondent Nos.3 and 4 NGOs after the expiry of the date of the contract i.e. 31.3.2012. The same has the oral consent of Dr. Niraj Dhingra, Deputy Director General, TI Division, NACO who has instructed the respondent No.1 to go ahead with the aforesaid option. The same will be placed before the Governing Body of the respondent No.1 for its approval."
Mr.
Kamal Trivedi, learned senior counsel with Ms. Sangita Vishen, learned AGP for respondent no.1 states under instruction at the bar to allay anxiety of petitioner that let this be go on record that the resolution no.9 discussed and mentioned in paragraph no.3 shall not be acted upon for any purpose in any manner.
The observations were made with a view to obtain specific assistance at the end of the President. But, as now the apprehension and/or anxiety of the petitioner is taken care of, they are to be treated as observations merely for this petition only and as the matter is over nothing remains thereon. They are of prima facie nature and do not reflect upon the merits or the respective parties in this case.
In view of this, now the Court is of the considered view that nothing survives in the matter. The petition is disposed of. Notice is discharged. No costs.
(S.R.BRAHMBHATT, J.) Pankaj Top