Court No. - 34
Case :- WRIT - A No. - 43795 of 1999 Petitioner :- Shiv Charan Tyagi Respondent :- State Of U.P. & Ors. Counsel for Petitioner :-
Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Pursuant to this Court's order dated 24.05.2018, notice was issued to petitioner to engage another counsel on 02.07.2018. Perused Office Report dated 25.07.2018. Service is deemed sufficient.
2. 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.
3. By means of present writ petition, petitioner has sought following reliefs:
“(i) issue a writ, order or direction in the nature of mandamus declaring provisions of Section 33-C(6) of U.P. Secondary Education Service Selection Board Act, 1982 as ultra vires, unconstitutional, being arbitrary and discriminatory and violative of Article 14 and 16 of the Constitution of India and thereafter, delete the said provisions from the aforementioned Act.
(ii) issue a writ, order or direction in the nature of mandamus declaring cut of date 6.8.1993 as ultravires and illegal as is incorporated under Sec. 33-C(1)(a)(i) of U.P. Secondary Education Service Selection Board Act 1982 and fixing the cut of date as 20.4.1998.
(iii) issue a writ, order or direction in the nature of mandamus commanding the respondents to treat the services of the petitioner w.e.f. 10.2.1991 and further extend benefit of regularization to the petitioner, as Principal of Bhartiya Inter College, Telhari, Bujurg, District Saharanpur.”
4. 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.
5. 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.
6. Dismissed. Interim order, if any, stands vacated.
Order Date :- 26.7.2018 PS