Shanti Niketan ETT Institute And Others vs State Of J&K And Others

Rajesh Bindal, J

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

"a. It is therefore most humbly prayed that the respondents may very kindly be directed to accept the Admission forms, examination forms and RR forms along with requisite fees of the students of the petitioners institutions/colleges for the sessions 2009- 2011, by following due course of law, by issuance of writ, order, command or direction in the nature of mandamus.

b. The respondents may further be directed to consequently regularize the admissions of the students of the petitioners institutions/colleges for the sessions 2009-2011 and also to conduct examinations of the students of the petitioners Institutes on the analogy of Institutions of Jammu Division, by the issuance of writ, order or direction, in the nature of mandamus, in the interest of justice."

Notice in the petition was issued on 05.10.2010, however, no interim relief was granted. On 22.10.2010 this Court passed the following interim order :-

"Reply/objections, if any, within two weeks.

Objections in the CMP within the same time frame.

In the meantime, respondents 2 and 3 may consider issuance/publication of Academic Calendar for the 1st year of two year ETT Course in Non-Govt recognized/affiliated institutions for the session (2009-2011) as has been done in case of institutions imparting the same training in Jammu Division vide No. F (Acad-ETT) Cal/B/2010 dated 21.08.2010."

Thereafter, the matter was never listed in Court as it was not pursued by the petitioners. Apparently, the petitioners have 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 have 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.

Detailed reasons have been noticed in order dated June 30, 2020 passed in SWP No. 2374/2002 titled as Santosh Kumari Vs. State of J&K and others."

Considering the aforesaid facts, nothing survives in the present petition, at this stage, as prayer made therein has been rendered infructuous. The same is accordingly, dismissed.