Calliope School vs State Of J&K And Others

Rajesh Bindal, J

The petitioner approached this Court praying for the following reliefs :-

"1) Issue writ in the nature of mandamus directing therespondent No. 02 and 03 to consider, process and decide the application of the petitioner school for grant of affiliation till 10th standard, without insisting upon the concurrence of the respondent No. 01 for granting 'No Objection Certificate' for the same and further direct the respondents to inspect the petitioner school and upon fulfillment of criteria, grant its affiliation as requested by the petitioner.

2) Issue writ in the nature of certiorari quashing thebye laws of Central Board of Secondary Education, which require concurrence or approval of the State Government for affiliation of the petitioner school declaring the same as ultra vires as has already been done.

3) Issue writ in the nature of mandamus directing therespondents No. 02 and 03 to accord affiliation to the petitioner school up to Secondary level without insisting upon the 'No Objection Certificate' to be issued by the respondent No. 1."

While issuing notice in the petition on 30.12.2015 this Court passed the following order :-

"Notice in the main petition as also in MP, returnable within four weeks.

List with OWP No. 484/2013 immediately after fourweeks.

Meanwhile, respondents to accord consideration to the representation claimed to have been filed by the petitioner for grant of affiliation till 10th Standard in accordance with rules and regulations within the notice period."

In fact, a perusal of the aforesaid order shows that the relief which could possibly be granted to the petitioner was granted at the the time of issuance of notice. The matter was last listed on 08.02.2016 and was not pursued by the petitioner thereafter. Apparently, the petitioner has lost interest to pursue the matter.

There are matters pending in this court in which issue of admission to various professional courses and other classes is involved. In some by interim order either admission was granted or seats were directed to be kept vacant but the cases are still lying in court for decades. There are matters where issues regarding construction of roads, culverts, schools, colleges, community centres and other projects of development are pending consideration before this court. In some cases interim stay has also been granted. In these cases even the government departments and counsels are not taking any interest to furnish the requisite information to the court and get those cases disposed of. In fact, as a result of pendency of these types of cases lot of development projects have been put on hold. These are few examples being noticed. There are many more.

Regularly, the cause list is being issued, which is being uploaded on the website of the High Court. The same is accessible to the Advocates as well as to the litigants. In the cause list issued for this Court, a specific note is being printed to the following effect:

"All Advocates whose cases are listed in cause list are requested to contact the concerned Bench Secretary-Mr. Hilal Yousuf on Mobile No. 9419150533 / Reader-Mr. Reagan Thakur on Mobile No. 9419140621."

Keeping in view the aforesaid facts, nothing survives in the present petition as the prayer made therein has been rendered infructuous, at this stage. The same is accordingly, dismissed.