- (1.) HEARD learned counsel for the petitioner/appellant.
(2.) BY way of this intra-court appeal, the petitioner-appellant seeks to appeal against the order dated 02.05.2013 whereby the learned Single Judge of this Court has dismissed the writ petition while counsel for the petitioner was not present before the Court. Mr. Manoj Bohra, learned counsel for the petitioner submitted that proper facts were not placed before the learned Single Judge by the learned counsel for the respondents and on account of that the candidature of the petitioner was not correctly considered and brought before the learned Single Judge and, therefore, the writ petition came to be dismissed exparte. Hence, the present appeal has been filed. He further submitted that in pursuance of the interim order earlier passed by the learned Single Judge in writ petition No.1864/1999-Karna Ram & Ors. Vs. State & Ors., filed by the present petitioner, a coordinate bench of this Court had passed an interim order while admitting the writ petition in the following terms: - "Admit. Issue notice returnable on 14th July, 1999. Meanwhile, the respondents are directed to consider the case of the petitioner for appointment on the post of Primary School Teacher Gr. III provisionally and if he is found fit, he may be given appointment subject to the decision of the writ petition."
(3.) IN pursuance of this interim order, petitioner's candidature was considered and he was appointed as Teacher Gr. III vide order dated 13.01.2003 (Annex.13) and since then, he is continuing in the said service uptill now, but with the dismissal of the writ petition, his appointment is likely to be cancelled and he will be thrown out of the service.;