The Principal, Dwarika Prasad Vipra Mahavidyalaya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 185 of 2017

1. The Principal, Dwarika Prasad Vipra Mahavidyalaya Bilaspur, District Bilaspur (Chhattisgarh).

2. The Chairman, Government Body, Dwarika Prasad Vipra Mahavidyalaya, Bilaspur, District Bilaspur (Chhattisgarh). ---- Appellants

Versus

1. State of Chhattisgarh through Secretary, Government Of Chhattisgarh, Higher Education D K S Bhawan, Now Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh).

2. The Commissioner, Higher Education Govt. Science College, Hostel No. 4, Now Indravati Bhawan, New Raipur, District Raipur (Chhattisgarh).

3. Arun Kumar Kashyap, S/o Shri Ram Prasad Kashyap, Aged About 55 Years R/o Near Arti Computers, In Front Of B J P Office, Karbala Road, Bilaspur, District Bilaspur (Chhattisgarh). ---- Respondents -------------------------------------------------------------------------------------------------- For Appellants : Shri Sudeep Agrawal, Advocate For Respondent-1/ State : Shri RK Gupta, Dy AG For Respondents- 2 and 3 : Shri K Rohan, Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Justice Sharad Kumar Gupta Order on Board Per Thottathil B. Radhakrishnan , Chief Justice 21.07.2017 1) Heard learned counsel for the parties.

2) This Writ Appeal arises from the dismissal of the order granting relief sought for in Writ Petition (S)- 7323 of 2009 on the ground that Writ Petition (S)- 6440 of 2009 was dismissed for default. The matter revolves around the correctness or otherwise of a decision by the State Government, which is challenged in

wa-185 of 2017 WPS- 6440 of 2009. That Writ Petition which was dismissed for default, has now been restored by the learned Single Judge. It is also listed for final hearing on 19.06.2017.

3) For the aforesaid reasons, it is rightly pointed out at the Bar that this matter deserves to be allowed to facilitate WPS- 7323 of 2009 tagged along with WPS- 6440 of 2009.

4) Accordingly, this appeal is allowed setting aside the impugned judgment and directing that the Writ Petition from which this appeal arises namely, WPS- 7323 of 2009 shall be tagged along with WPS- 6440 of 2009 for further consideration noticing listing of that Writ Petition.

5) This appeal is ordered accordingly.

Sd/- Sd/- (Thottathil B. Radhakrishnan) (Sharad Kumar Gupta) Chief Justice Judge padma