C/M Arya Kanya Inter College And ... vs State Of U.P. And 3 Others
2014 Latest Caselaw 7736 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 
Case :- SPECIAL APPEAL No. - 954 of 2014
 
Appellant :- C/M Arya Kanya Inter College And Anr.
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Appellant :- Amit Shukla,Ashok Khare
 
Counsel for Respondent :- C.S.C.,A.N. Agarwal
 

 
Hon'ble Vineet Saran,J.

Hon'ble Vivek Kumar Birla,J.

By means of this appeal, the appellants have challenged the order passed by learned single Judge in WP No. 52914 of 2014, whereby an interim order has been granted till the next date of listing.

The submission of Sri Ashok Mehta, learned counsel for the appellants is that the writ petition itself was not maintainable at the behest of the writ petitioner Pooja Tiwari as she has already participated in the selection process and declared unsuccessful. Once after having been declared unsuccessful, she cannot now turn around and challange the selection process.

By the order dated 26.9.2014, the writ court after granting time to file counter affidavit and rejoinder affidavit, fixed the date 10.11.2014 for hearing of the matter.

In our view the objection raised by the appellants can well be raised before the writ court.

Sri Mehta submits that respondent no. 4 in the writ petition shall file his counter affidavit on or before 1.11.2014.

Sri Arvind Nath Agarwal, counsel for the writ petitioner states that he shall file rejoinder affidavit on or before 10.11.2014.

Learned standing counsel for the State-Respondents may also file counter affidavit by the next date fixed i.e. 10.11.2014. Interim order passed by writ court will operate only till that date.

We request the writ court to either hear and decide the writ petition itself on the next date and if the same is not possible, stay matter may be considered on that date.

Order Date :- 28.10.2014

SKS

                           (Vivek Kumar Birla, J)  ( Vineet Saran, J)