Chahat Ram vs State of U.P. and Others

Anjani Kumar, J

This recall application filed in Writ Petition No. 32303 of 2001 was heard by me and after hearing learned Counsel for the parties, I have rejected the aforesaid application for the reasons to be recorded later on vide my order dated 9th October, 2002. Now here are the reasons for rejecting the aforesaid recall application.

This application has been filed by Petitioner Chahat Ram for recall of the order dated 29th October, 2001, with a further prayer that after recalling the aforesaid order dated 29th October, 2001, the matter may be heard on merits along with Civil Misc. Writ Petition No. 45345 of 1999. I have perused the order dated 29th October, 2001, as well as the recall application and the affidavit filed in support thereof. The aforesaid order was passed, in fact, on merits as well.

After hearing learned Counsel appearing on behalf of the applicant/Petitioner, I do not find any reason to agree with the contention of learned Counsel that the Petitioner was not heard on merits, therefore, this recall application deserves to be rejected.

In Writ Petition No. 45345 of 1999, Petitioner, Chahat Ram has prayed for the following reliefs:

(i) to issue a suitable writ, direction or order or a writ in the nature of mandamus commanding the Chairman of the Respondent Selection Board not to hold selection proceedings for the post of the Principal of the College known as Balka Uchchatar Madhyamik Vidyalaya, Balka, Bulandshahr (Respondent No. 2) ;

(ii) to issue a writ in the nature of mandamus or any other writ, direction or order commanding the Respondent No. 1 not to select any one as the Principal of the Balka Uchchatar Madhyamik Vidyalaya, Balka, Bulandshahr (Respondent No. 2) ;

(iii) to issue a suitable writ, direction or order or a writ in the nature of mandamus commanding the Respondent board to recognise the Petitioner as a Principal of the Respondent college ;

(iv) to issue any other writ, direction or order or grant such other and further reliefs as may be deemed fit and proper in the circumstances of the case ; and (v) to order for costs of the petition to the Petitioner.

The brief facts of the case are that the Petitioner, who was working as officiating Principal in the institution concerned, was suspended, pending enquiry, which was duly approved by the District Inspector of Schools, Bulandshahr, as is required under the provision of Section 16 (G-7) of the U.P. Intermediate Education Act, 1921, against which the Petitioner filed Civil Misc. Writ Petition No. 32303 of 2001, which was dismissed on merits on 29th October, 2001. Learned Counsel appearing on behalf of the Petitioner has prayed that both the writ petitions may be heard together, therefore, this petition is also heard and decided.

Since Writ Petition No. 32303 of 2001, challenging the suspension order has already been dismissed on merits by this Court vide order dated 29th October, 2001, the reliefs asked for by means of this petition cannot be granted to the Petitioner. The writ petition, therefore, devoid of any merits and deserves to be dismissed.

In the result, recall application filed in Writ Petition No. 32303 of 2001 is rejected and the order dated 29th October, 2001, dismissing the writ petition on merits is maintained ; and Writ Petition No. 45345 of 1999 being devoid of any merit is accordingly dismissed. The interim order/orders, if any, stands vacated. However, shall be no order as to costs.