Petitioner approached the writ court seeking appointment as officiating Principal. The court dismissed the petition when the petitioner sought the court's permission to withdraw. The matter was disposed of with liberty to file a fresh writ petition.
Writ petition dismissed as withdrawn with liberty to file a fresh writ petition.
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Court No. - 39
Case :- WRIT - A No. - 19713 of 2018
Petitioner :- Pushpa Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Rai,Praveen Kumar Srivastava Counsel for Respondent :- C.S.C.,Vivek Verma
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Sri Praveen Kumark Srivastava, learned counsel for the petitioner and Sri Vivek Verma, learned counsel for the respondent no. 2.
The petitioner in the writ petition is seeking a direction to the respondents to consider his claim for appointment as officiating Principal.
In paragraph-13 of the writ petition it is stated that one Dr. Bal Govind Singh has already been appointed as officiating principal but neither he has been made a party in the writ petition nor has any relief been sought against him and, therefore, as long as Dr. Bal Govind Singh continues discharging his duties as officiating principal, the petitioner cannot be considered for appointment.
Learned counsel for the petitioner, on the questioning of the Court, states that there are 4 or 5 persons senior to the petitioner. Their names have not been disclosed in the writ petition nor they have been made a party but contention is that none of them are qualified. Even if they are not qualified the disclosure should have been made in the writ petition.
Learned counsel for the petitioner prays that he may be permitted to withdraw the writ petition with a liberty to file fresh writ petition.
The writ petition is, therefore, dismissed as withdrawn with the aforesaid liberty.
Order Date :- 17.9.2018 Vandana
1 issue framed by the court
Whether the petitioner's writ petition for appointment as officiating Principal can be withdrawn and disposed of with liberty to file a fresh petition.
Pushpa Singh
State Of U.P.
B. Amit Sthalekar
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
