MORTUJA HUSSAIN Vs. AFIA KHANAM CHOUDHURY

JUDGEMENT

(1.) This Writ Appeal is directed against the judgment and order dated 4.7.95 passed by a learned Single Judge of this Court in Civil Rule No. 141/93, preferred by writ petitioner - respondent No. 1, challenging the appointment of present appellant (who was respondent No. 4 in the writ petition) as a Lecturer in English, and the approval accorded to his appointment by the Joint Director, Higher Education (respondent No.3 in the petition).

(2.) This writ appeal was filed on 23.8.95 and by interim order dated 22.9.95, the operation of the impugned judgment was stayed.

(3.) The present appellant had filed yet another appeal, being Writ Appeal No. 42/94 challenging the judgment and order dated 24.11.94 passed by a learned Single Judge of this Court in Misc. Case No. 108/94. Prior to it the writ petitioner- respondent had served all the respondents 6 to 11, but none of them appeared. On 20th August, 1993 when the petition was directed to be listed after two weeks and the respondents were given time to file counter, if they so desired. On 16.9.93 a Rule, calling upon the respondents to show cause as to why a writ should not be issued made returnable within four weeks and the petition was directed to be listed in the 3rd week of November, 1993 as a fixed item. Mr. Choudhury entered appearance on behalf of the respondent No. 4 as can be seen from the order dated 17.12.93. Although the petition was to be listed in the 3rd week of November, it was not so listed and came to be listed on 18.1.94 when again none appeared for the respondents. Before the learned Single Judge the hearing concluded and judgment reserved, which was delivered on 24th January, 1994. It was against this judgment allowing the writ petition that Writ Appeal No. 467/95 was filed by the present appellant.