Court No. - 39
Case :- WRIT - A No. - 13296 of 2019 Petitioner :- Mohammad Qasim Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Puneet Bhadauria Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned standing counsel for respondent no. 1 and Sri P.D. Tripathi, learned counsel for respondent no. 2 and 3.
Learned counsel for the petitioner submits that earlier he has filed Writ A No. 10774 of 2017, which was disposed of vide order dated 4.5.2018 in terms of order dated 30.01.2018 passed in Writ Petition No. 6004 of 2016 (Sartaj Ahmad and 5 others Vs. State of U.P. and others). In leading petition being Writ A No. 6004 of 2016, case of the petitioner falls within paragraph 11 of sub paragraph (iv) of the judgement dated 30.01.2018, the same is quoted herein below;
"(iv) In respect of those petitioners who have not participated in the counselling, it would be open for them to approach the District Basic Education Officer concerned and in case there are posts still lying vacant and the respondents are proposing to conduct further counselling, their claim shall also be considered in accordance with law."
Thereafter, petitioner has submitted application dated 25.5.2018 before respondent no. 3 for compliance of order of this Court passed in Writ A No. 10774 of 2017, which was not decided by respondent no. 3.
Sri P.D. Tripathi, learned counsel for respondent nos. 2 and 3 has raised objection that petition is not maintainable as remedy of petitioner lies with contempt court, if order has not been complied with.
Learned counsel for the petitioner could not dispute the said fact but submits that as the application is not decided, therefore, he has preferred the present writ petition for fresh direction to respondent no. 3 to decide his case in terms of order of this Court passed in Writ A No. 10774 of 2017.
I have considered the submissions raised by learned counsel for the parties. Admittedly, there is earlier order of this Court passed in Writ A No. 10774 of 2017 for taking decision, therefore, second writ petition is not maintainable.
Accordingly, writ petition is dismissed.
Order Date :- 26.9.2019/Arvind