- (1.) By consent of the learned advocates for the parties, the appeal and the application for stay are treated as on day's list and disposed of as follows:-
(2.) The appeal arises out of a judgement and order dated 2nd July, 2015 passed by the learned Single Judge in WP No.243 of 2015. By the said judgement and order, the learned Single Judge disposed of a writ petition taken out by Ms. Tasneem Abid and few others by allowing the writ petition in terms of the prayers (a) and (b) of the writ petition. For convenience, prayers (a) and (b) are reproduced hereinbelow:- "a. A writ in the nature of the mandamus commanding the respondents i.e. the UT Administration to forthwith transmit the records including the applications and supporting documents of the shortlisted candidates who had applied in response to the press note dated 06th May, 2015 and 08th May, 2015 to the Central Government i.e. the Ministry of Minority Affairs, without any further inclusion of candidates who had not applied in response to the press note. b. An order directing the Ministry of Minority Affairs to notify the Wakf Board in relation to the UT of A &N Islands at the earliest possible." The Court further directed:- ".... The respondent authorities shall forward the applications and supporting documents received by them pursuant to the aforesaid press notifications to the Ministry of Minority Affairs, New Delhi as expeditiously as possible and positively within a period of three weeks from the date of communication of this order. In so far as the other relief(s) as prayed for in the writ petition are concerned, I have gone into the same at this stage and it will be open for the petitioners to seek such relief(s) at the appropriate stage in an appropriate proceeding. Since no affidavit-in-opposition has been called for, the allegations contained in the writ application are deemed to be admitted. The W.P. No.243 of 2015 is, accordingly, disposed of."
(3.) Now, in the instant appeal preferred by the Administration, the moot point sought to be argued on behalf of the Administration is that the direction of the Court, if any, ought to have been given to the Lieutenant Governor of the Andaman and Nicobar Administration rather than the Ministry of Minority Affairs, New Delhi, in view of the notification dated 5th June, 1997 issued in terms of clause (1) of Article 239 of the Constitution of India.;