The High Court dismissed the writ petition as infructuous because the petitioner, who challenged a transfer order, had already joined another school and was no longer an employee of the respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SACHIN KUMAR SHARMA .....Petitioner Through: Mr. Sharad Raghav, Advocate
versus
PRESIDENT D.A.V. COLLEGE MANAGING COMMITTEE AND ORS. .....Respondents Through: Mr. Mohak Bhadana, Advocate for R-1 to 4.
Mr. Puneet Taneja, Mr. Manmohan Singh Narula, Mr. Amit Yadav and Mr. Anil Kumar, Advocates for R-5.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R % 05.08.2024
Article 226 of the Constitution of India seeking the following reliefs:-
“i) Issue an appropriate writ, order or direction, in the nature of mandamus, thereby quashing, nullifying and declare void the direction of the respondent no.2 dated 25.10.2018 and letter dated 05.12.2018 by respondent no. 1;
ii) Issue an appropriate writ, order or direction stopping the Respondent no.5 from evicting the petitioner from the said premise; iii) Issue an appropriate writ, order or direction stopping the transfer of the petitioner by the Respondent no.2 till the end of the current academic session;
iii) Issue, an appropriate writ, order or direction compensating the petitioner for the loss caused to him by the illegal conduct of the respondent no.2 and 4;”
W.P.(C) 758/2019 Page 1 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 12:16:53
dated 25.10.2018 shows that the Petitioner was transferred with immediate effect to DAV Senior Secondary School, Robertsganj, Distt. Sonebhadra (U.P.) in the same designation and pay. The same was challenged by the Petitioner on the ground that the transfer was outside the territorial jurisdiction of the School.
W.P.(C) 758/2019 Page 2 of 3
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 12:16:53
the aforesaid quarter to Respondent No.5 within 3 weeks from today. Pending application also stands disposed of.
JYOTI SINGH, J
AUGUST 05, 2024/kks
W.P.(C) 758/2019 Page 3 of 3
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 12:16:53
1 issue framed by the court
Whether the writ petition challenging the transfer order has become infructuous due to the petitioner joining another institution?
1 provisions across 1 enactments
Sachin Kumar Sharma
President D.A.V. College Managing Committee
NTPC/Respondent No. 5
Jyoti Singh
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
