Heard learned counsel for the parties.
Supplementary affidavit filed today in Writ Petition No.31551 (S/S) of 2019 is taken on record.
It has been brought into the notice of this Court that for the selection in question, the Hon'ble Apex Court vide order dated 10.8.2015 in Special Leave to Appeal (C) Nos.25377-25378/ 2014, Qamar Hasan Khan and others Vs. State of U.P. and others, and connected special leave petitions has passed the stop order directing that no court shall entertain any grievance relating to this particular selection. Today another order dated 8.3.2016 passed by the Hon'ble Apex Court in Special Leave to Appeal (C) No.5880/ 2016, Chattar Pal Singh and others Vs. State of U.P. and others, has been brought into the notice of this Court whereby the Hon'ble Apex Court has passed the order that the petitioners are granted liberty to move the High Court challenging their cancellation of names and it is for the High Court to deal with the writ petition filed by the petitioners on its own merits including its entertainability unaffected by the restriction imposed in the order dated 10.8.2015.
It appears that after passing the aforesaid stop order, some petitioners filed special leave petition before the Hon'ble Apex Court challenging the judgment and order dated 28.10.2015 passed by the High Court dismissing the writ petition following the direction of stop order and the Hon'ble Apex Court has granted liberty to those petitioners to move the High Court. Since the present petitioners have not approached the Hon'ble Apex Court, therefore, keeping in view the stop order being passed by the Hon'ble Apex Court, the writ petition is not maintainable. The High Court is duty bound to follow the direction of the Hon'ble Apex Court and if the Hon'ble Apex Court relaxes some petitioners to approach the High Court challenging their respective cancellations and the High Court to decide such writ petitions ignoring the stop order, such writ petitions may be entertained but as per my considered opinion, the High Court suo moto may not entertain the writ petitions of any petitioner, who is challenging the same selection wherein the stop order has been passed and has not approached the Hon'ble Apex Court. Further, it appears that the order dated 8.3.2016 in re; Chattar Pal Singh (supra) is not an order in rem but it is an order in personam, therefore, it is also the reason not to entertain this writ petition at this stage.
Accordingly, both the writ petitions are dismissed for the aforesaid reason. However, liberty is given to the petitioners to take legal recourse strictly in accordance with law.
Order Date :- 26.11.2019 RBS/-
[Rajesh Singh Chauhan,J.]