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High Court of DelhiW.P.(C)/5669/2016

Kamla Kaushik v. University Of Delhi & ANR.

2016-11-18Hon'Ble Mr. Justice Valmiki J. Mehta2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5669/2016 & CM Nos. 23470/2016(stay) & 29151/2016(U/o 1 R 10 for impleadment) & 29152/2016 (direction) KAMLA KAUSHIK ..... Petitioner Through:

Mr. R.M.Tufail and Ms. Astha, Advocates.

versus UNIVERSITY OF DELHI & ANR.

..... Respondents Through:

Mr. Hem Kumar, proxy counsel for Mr. Mayank Yadav, Adv. for R-1.

Mr. Pranav Kumar Jha, Adv. for R-2.

Mr. Manish Kumar and Mr. Ankit Jhamb, Adv for intervener no.2

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 18.11.2016 1.

In this writ petition the main prayer was petitioner being appointed as a Head of the Hindi Department of the respondent no.2. After filing of the writ petition, the petitioner was appointed as a Head of the Hindi Department of respondent no.2, and therefore, the relief in the writ petition stood granted and the writ petition became infructuous. The second relief claimed in the writ petition was in fact related to the first relief for ensuring appointment of the petitioner as a Head of the Hindi Department of the respondent no.2, and which relief would also become infructuous.

Counsel for the petitioner claimed that respondent no.2 has now however illegally removed the petitioner as a Head of the Hindi Department of respondent no.2 during the pendency of the present writ petition, and if that is so, that would be a fresh cause of action for filing of appropriate independent proceedings to question the removal of the petitioner as the Head of the Hindi Department of respondent no.2, and accordingly, this writ petition is disposed of as not pressed with liberty to the petitioner as prayed to question/challenge the removal of the petitioner as a Head of the Hindi Department of the respondent no.2 and to seek such appointment. 2.

Petition is accordingly disposed of with the aforesaid liberty. VALMIKI J. MEHTA, J NOVEMBER 18, 2016 ib