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Judgment
The present writ petition has been filed under Article
226 of the Constitution of India praying that the respondents be
directed to give appointment to the petitioners on the Post of
Teacher Grade-III, in pursuance of advertisement issued in the
year 2004.
On 02.02.2015, two weeks'' time was sought by the
petitioners to remove the defects, pointed out by the Registry.
Order dated 02.02.2015 passed by the coordinate
Bench reads as under:-
"Two weeks time is granted to remove the defect."
Again on 22.02.2017, further two weeks'' time was
granted by the court to the petitioners to remove the defects even
though none was present on behalf of the petitioners.
The order order dated 22.02.2017 passed by the
coordinate Bench reads as under:-
"On 02.02.2015 two weeks'' time was granted to remove the defects. But the defect has not been removed till today. As a last chance two weeks'' time is granted to remove the defect failing which the petition will be dismissed without reference to the court. Put up on 21.03.2017."
Counsel for the petitioners has very fairly submitted
that the Supreme Court in Kailash Chand Sharma Vs. State of
Rajasthan & Ors (2002) 6 Supreme Court Cases 562, has
held that the appointment made prior to 17.11.1999 cannot be
reopened. Therefore, the petitioner cannot raise a grievance that
less meritorious persons were appointed by the respondents.
Counsel for the petitioners, at this juncture, has
submitted that he may be permitted to withdraw the present writ
petition with liberty to the petitioners to approach the respondents
for redressal of their grievance.
As prayed, the present writ petition is dismissed as
withdrawn with liberty, as aforesaid.