The single judge dismissed the writ petition as withdrawn with liberty, following it having been rendered infructuous by a prior Division Bench order directing the university to consider the petitioner for an interview.
Petition dismissed as withdrawn with liberty to take appropriate action in future if required.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
COPC No. 131 of 2023
Decided on: 01.08.2023
Deepak Singh Patial
.…Petitioner.
Versus
Balwan Chand and anr. …Respondents.
Coram
The Hon’ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1
For the petitioner : Mr. Prince Chauhan, Advocate. For the respondents : Mr. R.S. Verma, Advocate.
Satyen Vaidya, Judge (Oral)
On 01.11.2022, the Division Bench of this
Court had passed the following order in CWP No.
6042 of 2022:-
“2. Respondent No.1 has placed on record instructions dated 01.11.2022, which go to indicate that the respondent-University has considered the representation of the petitioner and decided to consider his case for the purpose of scrutiny and if he is found eligible, the petitioner shall be considered for interview process in Physical Education under UR (Ex-Servicemen) category.
3. In view of the above, the instant petition has been rendered infructuous and is disposed of as such. However, the respondents are directed to abide by the
1 Whether reporters of the local papers may be allowed to see the judgment?
2
undertaking/instructions. Pending application(s), if any, also stands disposed of.”
informed that the case of the petitioner has already been considered and for such purpose scrutiny process has already been completed. His further consideration for taking up process of interview is pending on account of the directions issued by the Government of H.P.
the petitioner seeks permission to withdraw this petition at this stage, with liberty to take appropriate action against the respondents in accordance with law, if so required in future.
dismissed as withdrawn with liberty, as prayed for.
1 issue framed by the court
Whether the petition which became infructuous following a Division Bench order can be dismissed as withdrawn with liberty to approach the court in future.
Deepak Singh Patial
Balwan Chand
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
