Case Note & Summary
The petitioner, a student, filed a writ petition seeking valuation of her answer book for Engineering Mechanics and other consequential reliefs. During the hearing, the respondent University informed the court that the answer book had been valued and the result communicated to the petitioner. The petitioner's counsel did not dispute this. The second prayer for further relief was not pressed as the petitioner had not cleared the first year examination. Consequently, the petition was disposed of as infructuous.
Headnote
A) Writ Petition - Infructuous Petition - Disposal - Where the first prayer for valuation of answer book has been complied with and communicated to the petitioner, the petition becomes infructuous. The second prayer for further relief cannot be considered as the petitioner has not cleared the first year examination. (Para 2)
Issue of Consideration
Whether the petition survives when the first prayer for valuation of answer book has been complied with and the second prayer is premature
Final Decision
Petition disposed of as infructuous
Law Points
- Petition becomes infructuous when relief sought is granted
- Second prayer cannot be considered until first year examination is cleared
Case Details
2010 LawText (BOM) (01) 386
Writ Petition No. 4590 of 2009
S.A. Bobde, Smt. Vasanti A. Naik
Mr. S.V. Akolkar, Mr. B.G. Kulkarni
Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur, through its Registrar
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Nature of Litigation
Writ petition seeking valuation of answer book and consequential reliefs
Remedy Sought
Petitioner sought valuation of her answer book for Engineering Mechanics and other reliefs
Filing Reason
Petitioner's answer book for Engineering Mechanics was not valued
Issues
Whether the petition survives when the first prayer for valuation of answer book has been complied with
Whether the second prayer can be considered when the petitioner has not cleared the first year examination
Submissions/Arguments
Respondent's counsel stated that the first prayer has become infructuous as the answer book has been valued and result communicated
Petitioner's counsel did not dispute this and did not press the second prayer
Ratio Decidendi
A petition becomes infructuous when the relief sought has been granted. A premature prayer cannot be considered.
Judgment Excerpts
Mr. B.G. Kulkarni, the learned Advocate for the respondent states that the first prayer of the petitioner has become infructuous since the petitioner's answer book for the subject of Engineering Mechanics has been valued and has been communicated to the petitioner.
Admittedly the second prayer clause cannot be considered at this stage, since the petitioner has not cleared the first year examination. Hence, Mr. S.V. Akolkar does not press the prayer clause (ii).
Procedural History
Writ Petition No. 4590 of 2009 filed by Aditi d/o Ashok Humne against Rashtrasant Tukdoji Maharaj Nagpur University. Heard on 11-01-2010 and disposed of as infructuous.
