KISHORI LAL Vs. DINESH KUMAR

JUDGEMENT

(1.) (Oral) Heard counsel for the parties.

(2.) ADMIT . Counsel for the respective respondents waive notice for final disposal forthwith, as short question is involved.

(3.) AFTER having considered the rival submissions and gone through the impugned decision of the learned Single Judge dated 20th December, 2012, we are in agreement with the grievance of the appellant that the learned Single Judge has not recorded any reason whatsoever as to why the criteria relied by the respondent-writ petitioner was applicable and why the criteria relied by the appellant deserves to be discarded, which is at page 32 of the writ petition-paper book. Unless that finding were to be recorded, no further analysis of the fact situation could be and ought to be made. If the appellant succeeds in persuading the Court that the criteria relied by him at page 32 is applicable, then the writ petitioner may not be entitled for any relief whatsoever. All these aspects will have to be considered by the learned Single Judge afresh and we refrain from expressing any opinion on the question both on facts as well as law. That may have to be considered by the learned Single Judge while disposing of the writ petition afresh in accordance with law. All questions in the writ petition are left open.