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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