Laxmi Education Trust vs State Of J&K And Others

Rajesh Bindal, J

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

"a) Writ direction or order in nature or mandamus commanding the respondents to conduct the inspection of the Site of the Educational Institution of the petitioner, in order to facilitate the grant of sanction for opening of B.Ed. College, keeping in view the facts and circumstances of the case.

b) Writ, direction or order in the nature of mandamus commanding the respondents no. l and 2 to grant sanction to the petitioner Society to establish B.Ed. College.

c) Writ, direction or order in the nature of writ of mandamus commanding the respondents to grant affiliation to the college of the petitioner so as to enable him to impart/undertake B.Ed. Course in the college."

Notice in the petition was issued on 17.07.2013 and the following interim order was passed :-

"Learned counsel for the petitioner submits that in a similar writ petition bearing OWP No: 94/2011 titled KAD Educational Trust &ors versus State &ors, pending in Srinagar Wing of this Court, interim order has already been passed on 4.2.2011, copy whereof has been placed on file as Annexure-E.

Notice.

Notice in CMA also.

Meanwhile, respondents shall conduct inspection of the proposed sites in case all the formalities have been complied with. Let inspection be conducted within a period of three months from the date copy of this order is served upon the respondents."

Thereafter, the matter was never listed in Court as it was not pursued by the petitioner. Apparently, the petitioner has lost interest to pursue the present petition and get the same listed or may be with the interim directions issued by this court, the petitioners 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 as well none of the parties contacted the Bench Secretary or Reader of this Court.

In any case, the present petition pertains to the year 2013, any inspection of the infrastructure carried out at that time will not be of any relevance at this stage, after 07 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 State and the location thereof.

Considering the aforesaid facts, nothing survives in the present petition, at this stage. The same is accordingly, dismissed.