J.J. Memorial Educational Trust vs State Of J&K And Others

Rajesh Bindal, J

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

"(i) writ of mandamus commanding the respondents to conduct the inspection of the site of the educational agency of the petitioner so as to facilitate the grant of sanction for opening of B.Ed College under the name and style of J.J. Memorial Educational Trust.

(ii) writ of mandamus commanding the respondents 1 and 2 to grant sanction to the petitioners Trust to establish B.Ed. College under the name and style of J.J. Memorial Educational Trust Janipur Jammu.

(iii) writ of mandamus commanding the respondent No. 3 to grant affiliation to the college so as to enable it to impart/undertake B.Ed. Courses in the college."

Notice in the petition was issued on 17.03.2011 and the following interim order was passed :-

"Learned counsel for the petitioners submits that similar issues, as raised in OWP No. 152/2011, arise in this Petition as well. A copy of the order passed in the Writ Petition too has been placed on records. Notice.

Requisites for service within one week.

CMP No. 438/2011

Notice.

In the meanwhile, respondent Nos. 1 and 2 are directed to conduct the Inspection of the site proposed by the petitioner for imparting instructions in B.Ed. Course for recording opinion as to whether or not the Petitioner-Institute possessed requisite infrastructure for running B.Ed. Courses, within two months. List thereafter."

Thereafter, the matter was never listed in Court as it was not pursued by the petitioners. Apparently, the petitioner has lost interest to pursue the matter and get the same listed or may be with the interim directions issued by this court, the petitioner has already been granted relief by the authority concerned.

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."

In the present case, no one appeared for the petitioner, however, learned counsel for the respondents submitted that the prayer made in the present petition has been rendered infructuous.

In any case, the present petition pertains to the year 2011, any inspection of the infrastructure carried out at that time will not be of any relevance at this stage, after eight years thereof. The petitioner shall be entitled to apply afresh, in case, he still wishes to impart education of B.Ed courses. The application so filed shall be considered by the competent authority in accordance with law as per the policy framed for the purpose keeping in view the requirement of the colleges in the U.T. and the location thereof.

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