State of Uttar Pradesh v. Gurunanak Education Trust Group of Institution
2016-09-29
K.M.JOSEPH, V.K.BIST
body2016
DigiLaw.ai
JUDGMENT : K.M. Joseph, J. Since all these appeals are filed against a common order, we dispose of the same by this common judgment. 2. Appellant no. 1 is the State of Uttar Pradesh and Appellant no. 2 is the Director, Social Welfare Department. The issue arises out of admissions secured by Scheduled Caste students hailing from the State of Uttar Pradesh inter alia. The writ petitions were filed by the Institution and also by the students of the Institution. The impugned order has been passed. 3. We have perused the impugned order. Learned counsel for the appellants submits that the appellants are concerned only with the following portion of the order:- “I direct that meanwhile Director, Social Welfare Department, State of U.P. shall examine individual cases of each and every student and shall release the grant forthwith for the students found eligible in favour of the respective colleges.” 4. It is this portion of the order alone the appellants are concerned with. 5. It is the case of the appellants that there was no relief sought against the appellants. It is the further case of the appellants that the issue at hand is squarely covered by the judgment of this Court passed in SPA No. 49 of 2014 and connected cases, which has been affirmed by the Hon’ble Apex Court. 6. We have not issued notice to the students as such and as far as the institution is concerned, it is represented by Mr. Arvind Vashistha, Senior Advocate. We do not think it necessary to issue notice to the students in view of the nature of the order we propose to pass. 7. It is the common case that the appellants have filed petitions to vacate the said portion of the impugned order before the learned Single Judge. In fact, the learned Senior Counsel for the Institution would submit that the writ petitions themselves are ripe for being disposed of. 8. In view of the nature of the order, which is impugned before us and the fact that the matter is pending before the learned Single Judge in the form of petitions to vacate the interim order, we dispose of the appeals by permitting the appellants to press for hearing of the Interim Order Vacation Applications.
8. In view of the nature of the order, which is impugned before us and the fact that the matter is pending before the learned Single Judge in the form of petitions to vacate the interim order, we dispose of the appeals by permitting the appellants to press for hearing of the Interim Order Vacation Applications. We leave open the contentions of the parties and we also make it clear that it will be open to the learned Single Judge to dispose of the writ petitions also.