Major Emmanuel Charan and Another v. State of U.P. and 3 Others

Court No. - 36 Case :- WRIT - A No. - 16172 of 2023 Petitioner :- Major Emmanuel Charan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Asim Zulfiquar Counsel for Respondent :- C.S.C.,Ajay Kumar Rai,Shad Khan,Shishir Prakash Hon'ble Manjive Shukla,J.

¶1List of the fresh cases is being revised.

¶2No one is present on behalf of the petitioners even in the revised call.

¶3This matter was heard by this court on 27.10.2023 and following order was passed :- "1. Heard learned counsel appearing for the petitioners and Sri Shad Khan, learned counsel appearing for the Respondent No.4.

¶2Sri Shad Khan, learned counsel appearing for the Respondent No.4, at the very outset, has raised a preliminary objection regarding maintainability of this writ petition that the institution, in which petitioners were working, is a private institution and is neither recognized by the U.P. Basic Education Board nor is receiving any financial grant from the Government of U.P., therefore in view of the latest judgment rendered by the Hon'ble Supreme Court in the case of St. Mary's Education Society and another vs. Rajendra Prasad Bhargava and others, AIR Online 2022 SC 1329, this writ petition is not maintainable.

¶3Learned counsel appearing for the petitioners prays that he may be granted some time to give reply to the aforesaid preliminary objection raised by the learned counsel appearing for the Respondent No.4.

¶4Time prayed for is allowed.

¶5List this matter on 16.11.2023 as fresh.

¶6It is made clear that this court has not passed any interim order in favour of the petitioners."

¶4It appears that since preliminarily objection regarding maintainability of this writ petition has been raised by the learned counsels appearing for the respondents, therefore, no one is coming forward to argue in this matter on behalf of the petitioners.

¶5Be that as it may, since no one is present on behalf of the petitioners to press this writ petition, this writ petition is dismissed for want of prosecution. Order Date :- 16.11.2023 Gaurav High Court of Judicature at Allahabad