The need for expeditious disposal of writ petitions and the avoidance of overreaching the main relief in the writ petition.

Headnote:
Mandamus - Appointment Dispute - The court addressed the issue of non-compliance with a writ petition and the entitlement of a candidate to be appointed to a post pursuant to the selection made by the Public Service Commission. The court set aside certain directions and confirmed others, emphasizing the need for the writ petition to be expeditiously disposed of.
Fact of the Case:

Dr. Ashok Kumar Kohli, a candidate selected by the Jammu & Kashmir Public Service Commission, sought a writ of mandamus for his appointment as a lecturer in the Opthomology Department. Pending disposal of the writ petition, certain directions were issued by the High Court, leading to the appeal.
Finding of the Court:

The court set aside certain directions and confirmed others, emphasizing the need for the writ petition to be expeditiously disposed of. It refrained from expressing any opinion on the merits of the controversy, highlighting the need for the High Court to avoid overreaching the main relief that may or may not be passed in the writ petition.
Issues: Non-compliance with writ petition directions, entitlement of candidate to appointment, overreaching the main relief in the writ petition
Ratio Decidendi: The court emphasized the need for expeditious disposal of the writ petition and refrained from expressing any opinion on the merits of the controversy, highlighting the need to avoid overreaching the main relief that may or may not be passed in the writ petition.
Final Decision: The court set aside certain directions, confirmed others, and requested the High Court to dispose of the writ petition expeditiously, preferably within six weeks. The appeal was accordingly disposed of with no costs.

ORDER

1. Leave granted.

2. We have heard the counsel on both sides. We are concerned in this appeal with Clause (i) of the order dated May 29, 1995, namely, "the commissioner-cum-Secretary to Government, Health and Medical Education Department, Jammu shall present himself in the Court on the next date to inform the Court as to why and for what reasons the Court order has not been complied with." with regard to Clause (ii) of the order, we are not interfering.

3. It would appear that Dr. Ashok Kumar Kohli was one of the candidates selected by the Jammu & Kashmir Public Service Commission and stood at No. 4 in the select list. He was not appointed, to the post of lecturer in Opthomology Department of Jammu & Kashmir. He sought a writ of mandamus in W.P. 458/94. Pending disposal of the writ petition, certain directions seems to have been issued by the High Court and for its non-compliance, the above order came to be passed. For his entitlement to be appointed to the post pursuant to the selection made by the Public Service Commission, Dr. Ashok Kumar Kohli has taken the stand that the select list had not lapsed while the Governments stand is that the list stood lapsed with the expiry of one year. Since the writ petition is pending, we are not expressing any opinion on merits. Suffice it to say that since the controversy is yet to be decided, perhaps the High Court may not be justified in calling upon the Government to implement the interim direction. In other words, it would amount to over reaching the main relief which ultimately may or may not be passed in the writ petition. The aforesaid directions stand set aside and the second direction not to make any appointment to a post of Lecturer in Opthomology Department in any of the medical colleges pending disposal, stands confirmed. The High Court is requested to dispose of the writ petition as expeditiously as possible preferably within a period of six weeks from the date of the receipt of this order. The appeal is accordingly disposed of. No costs.

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