Vishwa Bandhu Gupta vs State of U.P. and Others

Heard learned Counsel for the parties and perused the record.

This special appeal has been filed against the judgment and order dated 19.04.2006 passed in C.M. Writ Petition No. 20751 of 2006: Vishwa Bandhu Gupta v. State of U.P. and Ors. by which the Hon''ble Single Judge has declined to interfere with the matter holding that in view of the Apex Court decision dated 9.5.2001 writ court is not a proper forum for redressal of grievance of the Petitioner. It appears that the Petitioner has claimed reservation in the selection held in the year 1990. Aggrieved by the said order, the Petitioner has filed C.M. Writ Petition No. 4578 of 1991: Desh Bandhu Gupta and Anr. v. State of U.P. and Ors.. The said writ petition was disposed of on 17.2.1997 with the observation that in case the Respondents intend to fill up any vacancy in future, the Petitioner shall apply for the same and the Respondents were directed to consider the candidature of the Petitioners under the reserved quota, if they were otherwise eligible. It appears that the Petitioner, thereafter filed a contempt petition which was dismissed by this Court. It is thereafter, the Petitioner has filed another writ petition No. 49869 of 2000: Vishwa Bandhu Gupta v. State of U.P. and Ors.. This writ petition was dismissed on 15.11.2000 holding that for the same cause of action second writ petition is not maintainable. Challenging the said order, the Petitioner filed Special Appeal No. 814 of 2000: Vishwa Bandhu Gupta v. State of U.P. and Ors. which was dismissed on 3.1.2001 by a Division Bench of this Court holding that there is no illegality in the order passed by Hon''ble Single Judge in dismissing the writ petition as not maintainable.

Aggrieved by the order of this Court in the special appeal, the Petitioner has filed Special Leave to Appeal (Civil) No. 7489 of 2001. This appeal was withdrawn by the Petitioner by following orders:

Learned Counsel for the Petitioner seeks leave to withdraw this petition and states that the Petitioner would approach the appropriate forum for a direction that the order passed in earlier petition is complied with. Permission granted. The SLP stands disposed of as withdrawn

After the aforesaid order was passed, the Petitioner has filed C.M. Writ Petition No. 20751 of 2006 which was dismissed on 19.4.2006 holding that writ petition is not appropriate forum.

We have heard Sri Vishwa Bandhu Gupta in person.

We are of the view that there is no illegality in the order passed by Hon''ble Single Judge holding that writ petition is not the appropriate forum for redressal of his grievance coupled with the fact that the Petitioner had earlier approached this Court on two occasions, first by filing writ petition No. 20751 of 2006 and secondly by filing writ petition No. 49869 of 2000 which was dismissed holding that second writ petition for the same cause of action is not maintainable, and those orders have attained the finality. The Appellant has tried to point out illegality and infirmity in the decision of the authorities committed in the year 1990 in respect of the selection. We cannot go into the merits of this case as the Appellant himself has filed Special Leave to Appeal and chosen to withdraw the same with liberty to approach appropriate forum.

In the circumstances, we are of the view that writ court is not the appropriate forum for redressal of grievance of the Appellant.

The special appeal is, accordingly, dismissed.