Research › Search › Judgment

Allahabad High Court · body

2007 DIGILAW 757 (ALL)

ASHOK SINGH KACHHWAH v. STATE OF U. P. Through PRINCIPAL SECRETARY, HIGHER EDUCATION AT LUCKNOW

2007-03-26

S.P.MEHROTRA

body2007
JUDGMENT S.P. MEHROTRA, J.-The present Writ Petition has been filed, under Article 226 of the Constitution of India, by the petitioner making the following prayers: (i) to issue a writ order or direction in the nature of certiorari to quash the Clause (Ga) of guidelines mentioned in Government Order dated 11.8.2000. (ii) to issue a writ order or direction in the nature of mandamus commanding the respondents to accept the petitioner nomination and permit the petitioner to contest the election of Student Union for the post of President. (iii) Any other writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (iv) Award cost of the Writ Petition to the petitioner." 2. By an Amendment Application, namely, Civil Misc. Amendment Application No. ....... of 2002 (dated 27th Sep ember, 2002), the petitioner sought various amendments in the Writ Petition. The said Amendment Application was allowed by the order dated 27th September, 2002. 3. By the said Amendment Application, the petitioner was permitted to amend the Prayer Clause of the writ petition by making the prayer for quashing Clause (Ga) of the Guide-lines mentioned in the Government Order dated 21st January, 2000 also. 4. Further, the petitioner was permitted to add Bundelkhand University as the respondent No.5, as also add paragraph 7-A in the Writ Petition. 5. A perusal of the averments made in the writ petition and the aforementioned .Amendment Application shows that the present Writ Petition pertains to the election of the Student's Union in Pt. Jawahar Lal Nehru Post Graduate College, Banda held on 30th September, 2002. 6. The nomination of the petitioner, as is evident from the averments made in the Writ Petition and the aforementioned Amendment Application, was rejected on 26th September, 2000 on the ground of Clause (Ga) occurring in the Government Order dated 21st January, 2000 as also in Clause (Ga) of the Government Order dated 11st August, 2000. The reason, as per the averments made in paragraph 12 of the Writ Petition, was that the petitioner had twice dropped in the examination of M.A. (Final) in the subject English. 7. The case has been taken up in the revised list. 8. Learned counsel for the petitioner is not present. 9. Sri Prakash Padia, learned Counsel for Bundelkhan University (impleaded as respondent No. 5 by the aforementioned Amendment Application), is present. 10. 7. The case has been taken up in the revised list. 8. Learned counsel for the petitioner is not present. 9. Sri Prakash Padia, learned Counsel for Bundelkhan University (impleaded as respondent No. 5 by the aforementioned Amendment Application), is present. 10. It is submitted by Sri Padia, learned counsel for the respondent No.5 that the present writ petition pertains to the election of the Student's Union held in the year 2002, and the writ petition has become infructuous by lapse of time. 11. It is further submitted by Sri Prakash Padia that Clause (Ga) occurring in the Government Order dated 21st January, 2000 as well as Clause (Ga) occurring in the Government Order dated 11st August, 2000 have since been withdrawn by the State Government, and therefore, the basis for seeking the quashing of the Government Orders is no longer there." 12. I have considered the submissions made by Sri Prakash Padia, learned counsel for the respondent No.5, and I am of the opinion that the submissions are correct. 13. The present writ petition, as is apparent from the averments made in the Writ Petition, pertains to the election of the Student's Union held in the year 2002. Therefore, by lapse of time, the present Writ Petition has become infructuous. 14. Moreover, in view of the submission made by Sri Prakash Padia that the relevant Clauses occurring in the Government Orders, quashing whereof has been sought in the writ petition, have since been withdrawn by the State Government, the basis for filing the writ petition no longer exists. 15. In view of this also, the writ petition is liable to be dismissed. 16. In view of the above, the writ petition is dismissed. However, on the facts and in the circumstances of the case, there will be no order as to costs. Petition Dismissed.