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2009 DIGILAW 2177 (ALL)

ASTRON COLLAGE OF EDUCATION v. STATE OF U P

2009-05-08

C.K.PRASAD, DILIP GUPTA

body2009
DILIP GUPTA, J. Writ petitioner-appellant, aggrieved by the order dated 15. 4. 2009 passed by the learned Single Judge in Writ Petition No. 66781 of 2008, has preferred this appeal under Chapter VIII Rule 5 of the High Court Rules. Writ petitioner-appellant, (hereinafter referred to as the petitioner), filed a writ petition inter alia prays for grant of affiliation to M. Ed. course. Taking into account that the Petitioners representation for the said purpose is pending since 16. 9. 2008, instead of deciding the case on merit, the learned Judge directed for disposal of the representation within a stipulated period. Mr. Ashok Khare learned Senior Advocate appearing on behalf of the appellant submits that when the claim of the Petitioner was for grant of affiliation, the learned Judge ought to have decided the lis on merit and should not have directed for disposal of the representation. This, according to him, renders the impugned order illegal in law. We do not find any substance in the submission of Mr. Khare. The fact of the matter is that the representation of the petitioner for the same purpose was pending before the State Government and taking this into account the learned Judge directed for its disposal. We do not find any error in the same. Needless to state that in case the order is adverse to the Petitioner, it shall have liberty to assail the same in accordance with law. Appeal stands dismissed with the observations aforesaid. .