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SUPREME COURT OF INDIA
D.Y. Chandrachud, A.S. Bopanna, J.B. Pardiwala, JJ.
S. Hymavathi & Ors. – Appellants
Versus
National Testing Agency & Anr. – Respondents
Special Leave To Appeal (C) No(s).14546 of 2022
Decided On : 26-08-2022
Dismissal of Petitions - Withdrawal of Special Leave Petition and Applications - Dismissal of Petition under Article 32 of the Constitution
Fact of the Case:
The petitioners sought permission to withdraw the Special Leave Petition and petitions with liberty to approach the High Court under Article 226 of the Constitution. The petitioner in W.P.(C) No. 687/2022 had failed twice in the JEE (Advanced) and raised an issue of policy.
Finding of the Court:
The Special Leave Petition, petitions, and applications were dismissed as withdrawn with liberty to approach the High Court. The petition under Article 32 of the Constitution was not entertained and dismissed.
Issues: Withdrawal of petitions, dismissal of petition under Article 32 of the Constitution, and failure in JEE (Advanced) raising an issue of policy.
Ratio Decidendi: The court allowed the withdrawal of the petitions and applications with liberty to approach the High Court. The petition under Article 32 of the Constitution was not entertained due to the issue raised. The petitioner's failure in the JEE (Advanced) did not warrant the court's intervention.
Final Decision: The Special Leave Petition, petitions, and applications were dismissed as withdrawn with liberty to approach the High Court. The petition under Article 32 of the Constitution was not entertained and dismissed.
ORDER
SLP (C) No(s).14546/2022
1. Mr C U Singh, senior counsel appearing on behalf of the petitioners, seeks the permission of the Court to withdraw the Special Leave Petition in order to move the Division Bench of the High Court in appeal against the judgment of the Single Judge.
2. The Special Leave Petition is accordingly dismissed as withdrawn.
W.P.(C) No. 661/2022 and W.P.(C) No. 669/2022
1. Counsel appearing on behalf of the petitioners seek the permission of the Court to withdraw the petitions with liberty to approach the High Court under Article 226 of the Constitution.
2. The petitions are dismissed as withdrawn with liberty as prayed.
IA Nos 122566. 122567. 122568. 122928. 122930. 122931. 122937. 122942 and 122947 of 2022
1. Counsel appearing on behalf of the applicants seek the permission of the Court to withdraw the applications with liberty to approach the High Court under Article 226 of the Constitution.
2. The applications are dismissed as withdrawn with liberty as prayed.
W.P.(C) No. 687/2022
1. The petitioner has admittedly appeared and failed twice in the JEE (Advanced). The petition raises an issue of policy.
2. Hence, we are not inclined to entertain the petition under Article 32 of the Constitution. The petition is accordingly dismissed.
3. Pending application, if any, stands disposed of.
Dismissal of petitions and applications with liberty to approach the High Court, and refusal to entertain a petition under Article 32 of the Constitution based on the issue raised.
The court has the discretion to grant permission for the withdrawal of a writ petition with liberty to approach the High Court.
The court's discretionary power under Article 136 of the Constitution to grant or refuse special leave to appeal.
A petitioner may withdraw a writ petition and be granted liberty to file a fresh petition under Article 227 of the Constitution of India provided the court permits such withdrawal.
A court may dismiss a legal proceeding as withdrawn upon a formal request by the petitioner's counsel, thereby terminating the adjudication of the merits of the case.
A petition may be withdrawn with permission if there is no objection from the opposing party and the applicant may pursue further recourse under Article 227 of the Constitution.
Permission to withdraw the petition with liberty to bring subsequent developments to the notice of the High Court.
The main legal point established is that the Supreme Court's jurisdiction under Article 136 of the Constitution of India does not warrant interference with the High Court's order.
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