1. The petitioner has made following prayers in para 5(a),(b) and (c) of the petition:
"5(a) Permanently restraining the respondent corporation from making any appointment to the post of Municipal Chief Auditor in pursuant to the advertisement at Annexure 6 dated 1.12.99.
(b) Declaring that the post of Municipal Chief Auditor continues to be a reserved post and be further pleased to direct the respondent to fill up the said post from amongst the candidates belonging to the scheduled tribe community only and be further pleased to consider the case of the petitioner No.1 to the said post.
(c) Declaring that the decision and action of the respondent of de-reserving the post of Municipal Chief Auditor as being wholly illegal, unconstitutional and malafide."
2. Grievance was raised in respect of the advertisement dated 1.12.99. The petition was filed on 15.5.2000. As could be seen from the record of the petition, there is no interim relief granted by this Court. By now, more than 12 years have already passed from the date of advertisement. Therefore, by passage of time, at this stage, grievance of the petitioner should not survive. In view of this, the petitioner would no longer survive and is required to be disposed of as not surviving. Learned Advocate has, however, stated that inspite of writing many letters, advocate for the petitioner is not getting any instructions. In that view of the matter, this petition is disposed of as not surviving with a liberty to the petitioner to move this Court by filing note in case of difficulty. Rule is discharged. Interim relief, if any, shall stand vacated forthwith. No order as to costs.
(C.L.
Soni,J.) an vyas Top