Allahabad High Court
State Of U.P. Through Its ... vs C/M Shri Ram Das Singh ... on 5 January, 2021
Bench: Munishwar Nath Bhandari, Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 994 of 2020
Appellant :- State Of U.P. Through Its Principal Secretary,Secondary Education And 4 Others
Respondent :- C/M Shri Ram Das Singh Intermediate College
Counsel for Appellant :- Anand Kumar Ray
Counsel for Respondent :- Dinesh Kumar Pandey
Hon'ble Munishwar Nath Bhandari,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri A.K. Rai, learned Additional Chief Standing Counsel for the State-appellants and Sri Dinesh Kumar Pandey, learned counsel for the respondent.
Order on Civil Misc. Delay Condonation Application
There is a delay of 350 days in filing the appeal. The application has been filed for condonation of delay.
The reason of delay has been satisfactorily explained and there is no objection from the side opposite to condone the delay.
The application is accordingly allowed and the delay in filing the appeal is condoned.
Order on Appeal
The present appeal has been preferred against the judgment dated 01.10.2019.
Learned Standing Counsel for the State submits that pursuant to the liberty given by the learned Single Judge in the impugned judgment, they have come out with a new policy and amendment in the rules. The parties would now be governed by it. The judgment under challenge be rendered infections because now parties would be governed by new policy and the amended rules. For ready reference the operative portion of the judgment of the learned Single Judge is quoted herein under:-
"Clause 1 of the Government Order dated 27 October 2016 to the extent of prescribing the cut off date of 21 June 1973 as well as Clauses 1.1 and 1.2 thereof are struck down as being as arbitrary and wholly irrational. The State shall in consequence revisit and reframe the impugned Policy in light of the observations made in this judgment. The orders of 13 July 2017 insofar as they defer reconsideration for a period of five years consequentially stand set aside to that extent."
The direction quoted above has been complied by the State Government thus there remains no reason to question the judgment and otherwise we have been informed by the side opposite that similar appeal arising out of the same judgment has already been dismissed by this court vide judgment dated 24.09.2019 in Special Appeal Defective No.787 of 2019. The delay in filing of the appeal was condoned therein but interference in the impugned judgment was not made.
In view of fact recorded above, we cannot now enter into the issue afresh having been decided by the coordinate Division Bench and otherwise the State has come out with new policy. Thus, we dismiss the appeal. The appeal would be governed by the judgment of this Court in the case of Rita Kushwaha and others Vs. State of U.P. & two others in Special Appeal No.787 of 2019 decided by the order dated 24.09.2019.
In the result, appeal is dismissed and ordered to be governed by the judgment dated 24.09.2019 in Special Appeal Defective No.787 of 2019, Rita Kushwaha and others Vs. State of U.P. & two others. It is however clarified that if subsequently government has come out with new policy pursuant to the direction given by the learned Single Judge then dismissal of the Special Appeal would not affect it if framed as per the observation of the learned Single Judge.
Order Date :- 5.1.2021
Shekhar
