Rohit Gupta vs Union of India and Others

Amreshwar Pratap Sahi, J.—Heard Sri Manish Goyal learned counsel for the petitioner and Sri V.K. Singh learned senior counsel for the respondent University alongwith Sri Jadaun. Notices have also been accepted by the Union of India. The challenge in this petition is to the reservation benefit extended to the extent of 4.5% in favour of O.B.C. minority candidates. This is in relation to the Entrance Examination conducted by the University, the results whereof are to be shortly declared.

The petitioner has come up before this Court raising the challenge on the constitutional ground and has taken the aid of the judgment of the Andhra Pradesh High Court in P.I.L. No. 1 of 2012, R. Krishnaih v. Union of India; decided on 28.5.2012. The petitioner has also brought on record the order of the Apex Court which does not indicate any interim order having been passed against the said judgment.

It appears that after challenge has been raised the University has itself withdrawn the offending provision and a copy of the notification has been placed on record by the learned counsel for the respondent-University through a communication which is dated 7.7.2012. In view of the aforesaid withdrawal by the University itself, the cause of action of the petitioner at, this stage, does not survive and the writ petition is consigned to record without prejudice to the rights of the petitioner or any other aggrieved person to assail any such measure by the respondent-University in future.

The writ petition is consigned to records.