Ujwala Yuvraj
Naarkhede Vs. Archana Prakash Narkhede & Ors. [2009] INSC 46 (12 January
2009)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO. 158 OF 2009 [Arising out of SLP(C) No. 5320/2006]
UJWALA YUVRAJ NAARKHEDE ... APPELLANT(S) :VERSUS:
ORDER Delay condoned.
Leave granted.
Respondents filed a
writ petition before the High Court, inter alia, praying for the following
reliefs:
"(d) Issue writ
of mandamus or any other appropriate writ, order or direction to direct the
Respondent No.2 to appoint the petitioner on the post of Anganwadi Madatnis,
who is more meritorious candidate for the post of Anganwadi Madatnis."
The High Court passed
an interim order in terms of prayer (d) and (c) in the writ petition, without
assigning any reason there for and without giving an opportunity of being heard
to the appellant herein.
-2- An application
for review of the said order was filed by the appellant, which again, without
assigning any reason, has been dismissed.
We, therefore, are of
the opinion that the impugned judgment cannot be sustained and it is set aside
accordingly.
However, the
respondents may file appropriate application for grant of an interim relief(s)
if any occasion arises therefore.
We would request the
High Court to consider the desirability of disposing of the writ petition as
expeditiously as possible, preferably within a period of three months form the
date of communication of this order.
The appeal is allowed
with the aforementioned direction.
..........................J
(S.B. SINHA)
..........................J
(Dr. MUKUNDAKAM SHARMA)
NEW
DELHI,
JANUARY
12, 2009.
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