Dinesh Maheshwari, J. - (1.) AFTER having heard learned counsel for the petitioner and having perused the material placed on record, we are satisfied that this writ petition not only remains entirely baseless, but is of rather an over adventurous attempt on the part of the petitioner. By way of this writ petition, the petitioner, who was not a party to the principal litigation, seeks issuance of writ in the nature of mandamus to the effect that the concerned Secretary to the State Government should grant permission for filing Special Appeal against an order passed by the learned Single Judge on 3.12.2014.
(2.) THE petitioner has prayed for the reliefs in the following terms: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to: (a) Issue a writ, order or direction in the nature of mandamus directing to concerned Secretary of State Government to grant permission for filing the Special Appeal by State Officers against the judgment and order dated 3.12.2014 passed by learned Single Judge. (b) Issue a writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (c) Award the cost of writ petition in favour of the petitioner." Looking to the nature of relief claimed, when we expressed reservations in entertaining this petition and queried on the locus of the petitioner to seek such kind of a relief, the learned counsel for the petitioner contended that the basic order dated 4.10.1993 in Writ Petition No. 20320 of 1991 was obtained by the concerned persons while playing fraud; and the said order essentially operates to benefit certain persons, said to be working as teacher, at the cost of Public Exchequer when they are not even qualified to hold such a post and even the vacancies are not available with the institution concerned.
(3.) THE record shows that the order dated 4.10.1993 as passed in Writ Petition No. 20320 of 1991 was initially sought to be questioned before the Hon'ble Supreme Court in S.L.P. (Civil) No. 582 of 1992 but then, the said S.L.P. was withdrawn on 21.4.1994 alongwith another S.L.P. of similar nature; and the S.L.P.s were dismissed as withdrawn by the Hon'ble Supreme Court. It is also borne out that the said order dated 4.10.1993 has already been implemented long back.;