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2001 DIGILAW 2003 (SC)

BIMAN C. KARMAKAR v. State Of W. B.

2001-12-13

RUMA PAL, S.RAJENDRA BABU

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( 1 ) CERTAIN writ petitions were filed by the appellants before the High court for forwarding their names by employment exchange for consideration for appointment as teachers in primary schools. ( 2 ) THE High Court disposed of the said writ petitions with a direction to consider their cases subject to certain conditions. On disposal of the writ petitions, writ appeals were filed. However, when the appeals were disposed of by the High Court, the matter was carried to this Court by way of special leave petitions and this Court by an order made on 29-4-1999 set aside the judgment of the High Court by consent of parties and remanded the matter for fresh consideration. When the matter was taken up for consideration submission was made on behalf of the appellants to withdraw the appeals. That request was rejected by the High Court and the matter was disposed of on merits. Against that order these appeals have been filed. ( 3 ) NOW all that is urged before us is that the High Court ought to have acceded to the request of the appellants and allowed them to withdraw the appeals. We do not find that there is any impediment to allow the withdrawal of the appeals, particularly when the appellants are seeking withdrawal of the appeals without any conditions. This request made on behalf of the appellants would amount only to abandonment of their appeals before the High Court. In that view of the matter, we set aside the order made by the High Court and allow the appellants to withdraw their appeals and their appeals shall stand dismissed as withdrawn. These appeals are disposed of accordingly.