NIYAZ AHMAD KHAN Vs. STATE OF U P

JUDGEMENT

(1.) WITH the consent of learned counsel for the parties, we have heard this special appeal on merit. Writ petitioner-appellant, aggrieved by the judgment and order dated 04.03.2009 passed by a learned Judge in Writ Petition No.2756 of 2002, has preferred the appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952. Writ petitioner-appellant was a Clerk in Mohammad Hussain Higher Secondary School, Nawalpur in District Deoria (hereinafter referred to as the ''Institution'). By order dated 05.07.1996 issued by the State Government, said Institution has been declared as a minority Institution. Writ petitioner-appellant along with two others challenged the status of the Institution as a minority Institution in Writ Petition No.2756 of 2002. The learned Judge, taking into account the long delay in filing the writ petition, dismissed it on the ground of laches. It is an admitted position that later on, the writ petitioner-appellant has been dismissed from service on 17.04.2005 and he has filed a writ petition before this Court challenging the said order. As the appellant had challenged the status of the Institution as a minority Institution belatedly, we are of the opinion that the learned Judge did not err in dismissing the writ petition. However, any observation made in the writ petition and in this special appeal shall have no bearing in case the writ petitioner-appellant takes the said point in the writ petition which he has filed challenging the order of his dismissal from service. Said point shall be decided in the said writ petition in accordance with law. Special appeal stands dismissed with the observations aforesaid.