Subsequent events can be considered in molding relief under Article 226 of the Constitution of India, and a right of promotion can be withheld only in terms of valid rules.

Rajiv Sharma, J.

1. After arguing at length, Mr. Dushyant Dadwal submits that his client was not eligible at the time of filing of the writ petition for being promoted to the post of Deputy Registrar as per Recruitment and Promotion Rules for the post of Deputy Registrar, but during the pendency of the writ petition, he has become eligible for consideration for promotion. Mr. Dushyant submits that his client will be satisfied if this Court directs the respondent No. 1 to consider the case of the petitioner for promotion to the post of Deputy Registrar from the feeder category of Assistant Registrar(s) due to subsequent developments.

2. Mr. Kapil Dev Sood has vehemently opposed the prayer made by Mr. Dushyant Dadwal and submits that there is no prayer made by the petitioner in this petition for considering him for promotion to the post of Deputy Registrar and the subsequent events cannot be taken into Consideration.

3. I have perused the record and heard the parties. This Court has wide discretion under Article 226 of the Constitution of India to take into consideration the subsequent events which happened during the pendency of the petition and accordingly the relief can be moulded. The wide discretion of this Court cannot be restricted by extreme technicalities. If the petitioner succeeds in making out a case for taking into consideration the subsequent events into consideration there is no reason why this Court should not mould the relief appropriately. The moulding of relief by taking into consideration the subsequent events also avoids multiplicity of litigation.

4. The petitioner as per Recruitment and Promotion Rules for the post of Deputy Registrar is eligible since he has put in five years regular service as Assistant Registrar.

5. Hon'ble Supreme Court has laid down in Kanaya Ram and Ors. v. Rajender Kumar and Ors. AIR 1985 SC 371 , that the Courts can always take into consideration subsequent events. Your Lordships of the Supreme Court have opined as under:

It has been held ever since the leading case of Abbott v. Minister for Lands, that a mere right to take advantage of the provisions of an Act is not an accrued right. Abbott case has been followed by this Court in a number of decisions. In such a situation, the Court is bound to take into consideration the subsequent events and mould the relief accordingly.

6. Hon'ble Supreme Court in B.R. Ramabhadriah v. Secretary, Food and Agriculture Department, Andhra Pradesh and Ors. (1981) II LLJ 263 SC , has held that the Court can mould the prayer taking note of the changed circumstances and suitably mould the relief in order to mete out justice in the case. Your Lordships of Supreme Court have held as under:

The material facts and circumstances had undergone a substantial change subsequent to the filing of the original petition and it was in consequence thereof that it had become unnecessary for the petitioner to pursue his original prayer for the grant of a larger relief. Besides ignoring this crucial aspect, the Division Bench of the High Court has also lost sight of the well-established principle that in an action where a party has prayed for a larger relief it is always open to the Court to grant him any smaller relief that he may be found to be entitled in law and thereby render substantial justice. The Court can undoubtedly take note of changed circumstances and suitably mould the relief to be granted to the party concerned in order to mete out justice in the case. As far as possible the anxiety and endeavour of the Court should be to remedy an injustice when it is brought to its notice rather than deny relief to an aggrieved party on purely technical and narrow procedural grounds.

7. Similarly, your Lordships of Supreme Court have held in State of Rajasthan v. Hindustan Sugar Mills Ltd. and Ors. AIR 1988 SC 1621 , that High Court under high prerogative jurisdiction under Article 226 can mould the relief in just and same manner as it may require by the demands of the