1 S.B. CIVIL WRIT PETITION NO.2894/2007 (Smt.Seema Singhal Vs. State of Rajasthan & ors.) Date of Order :: 6th February 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.R.S.Saluja for the petitioner Mr.R.Dave, Additional Government Counsel for the respondents Mr.Subhash Mishra, Dy.Director, Secondary Education, Ajmer Division, Ajmer, Officer-incharge present in person ..... Though the matter is listed for hearing today, learned Additional Government Counsel Mr.R.Dave has placed for perusal an order issued today by the Officer-Incharge, Dy. Director, Secondary Education, Ajmer Division, Ajmer camp at Jodhpur offering appointment to the petitioner Smt.Seema Singhal in pursuance of her application and the department's call letter dated 04.09.2006. A copy of the appointment order has also been supplied to learned counsel for the petitioner. In view of the order so issued today, learned counsel for the petitioner submits that grievance as stated in this petition does no longer survive and he would not like to press on other submissions in the matter, of course, without prejudice to the legal rights of the petitioner in relation to the order issued today by the respondents. So far the observations made by this Court on 18.01.2008 are concerned, the Officer-incharge Mr.Subhash Mishra present in person expresses regrets for the averments taken in the reply and learned Additional Government Counsel submits that though the stand as taken earlier in the reply may not be justified by him but the same was not taken with any ill- 2 intent and at the most could be said to be indiscreet and in the overall circumstances of the case and particularly for the respondents having made suitable amends and having issued appointment order for the petitioner, the proposition of imposing exemplary costs may be waived. Learned Additional Government Counsel submits that today itself he shall be placing on record a copy of appointment order and so also the written submissions on behalf of the Officer-Incharge. Though this Court has taken strong exception on the stand taken by the respondents in their reply particularly for the same being directly in conflict with the binding decisions of this Court and that of the Hon'ble Supreme Court; but, before this petition has been concluded finally, the respondents have corrected their stand and this Court is satisfied, particularly with the regrets expressed by the Officer-incharge, that it was not a case of the respondents taking willfully and deliberately a stand contrary to the decisions of the courts. In the circumstances of the case, the petition is dismissed as redundant in view of the appointment order issued today; however, without prejudice to any other rights of the petitioner. In the circumstances of the case, costs are made easy. (DINESH MAHESHWARI), J. MK