M.Sinha, J. - (1.) On 26th September 2003, the Supreme Court was pleased to pass the following order on the petitioner's Special Leave Petition (Special Leave to Appeal (Civil) C.C. 8263/2003). For the sake of convenience only the text of the said order is set out below: "Upon hearing counsel the Court made the following Order Learned counsel for the petitioner submits that in view of the fact that law permits the authorities to grant grace marks, therefore, he seeks permission to withdraw the SLP to approach the said authority. Permission prayed for is granted. The Special Leave Petition is dismissed as withdrawn. (Ganga Thakur) (Prem Prakash) PS to Registrar Court Master"
(2.) Admittedly, the above Special Leave Petition was dismissed as withdrawn only on the basis of the submission of the learned counsel of the writ petitioner and in the absence of the respondents when the above order was made by the Supreme Court.
(3.) As I proceed to consider the merits of the present writ petition, I will shortly explain the significance of the above order of the Supreme Court. It was also an admitted position that the above order of the Supreme Court according to the writ petitioner eventually led him to invoke the writ jurisdiction once again by initiation of the present writ proceeding.;