Gautam Das v. Jawaharlal Nehru University And ORS

$~362 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4897/2017 & CM. No. 21233/2017 GAUTAM DAS ..... Petitioner Through:

Dr. Sumant Bhardwaj, Adv.

versus JAWAHARLAL NEHRU UNIVERSITY AND ORS..... Respondent Through:

Ms. Ginny J.Routray, Ms. Bhawna Pal with Ms. Disha Malhotra, Advocates

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 29.05.2017 The present petition has been filed by the petitioner with the following prayers.

"

It is therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:

(a) Issue a writ of mandamus and direct the respondent Nos. 1 & 2 of Jwahar Lal University not to associate Dr. S.A.Hasan, Professor and Head of Persian SLL and CS, with the selection of candidature of the petitioner in the interview for the post of Assistant Professor (reserved for SC) for the reason this Hon'ble High Court has held that he has bias against the petitioner in Writ Petition (C) No. 6199/2001 decided on 09.07.2007; and (b)Pass such other or further order/orders or direction/directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case"

It was put to Dr. Sumant Bhardwaj, learned counsel for the petitioner which part of the order of this Court in Writ Petition (C) No.6199/2001 dated 09th July 2007 gives a finding Dr. S. A. Hasan, Professor and Head of Persian SLL and CS, was biased against the petitioner. Dr. Bhardwaj concedes there is no such finding by this court. He also states that the prayer made in the writ petition and the averments in that regard have been made by mistake. This Court is unable to accept such justification.

In the interest of justice, this Court permits the petitioner to withdraw the petition with liberty to file a fresh petition expunging the averments in that regard.

The petition and the connected application are dismissed as withdrawn.

V. KAMESWAR RAO, J MAY 29, 2017/cd