Citation : 2023 Latest Caselaw 5245 AP
Judgement Date : 1 November, 2023
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No:W.A.No.1045 OF 2023
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
RNT,J & AVRB,J
1. 01.11.2023
I.A.No.1 of 2023
Heard Sri K. V. Raghuveer, learned
Government Pleader for Higher Education for the
appellants and Sri N. Bharat Babu, learned counsel,
representing Ms. G. Bhanu Priya, learned counsel
appearing for the respondent No.1/writ petitioner.
2. This application is seeking leave to the petitioners to file the Writ Appeal. The applicants were not party in the writ petition but the judgment passed in the writ petition adversely affects the appellants.
3. Learned counsel for the writ petitioner submits that he has no objection to the leave being granted.
4. Considering the submissions advanced as also the contents of the affidavit in support of the application, I.A.No.1 of 2023 is allowed.
4. Leave is granted.
SL. DATE ORDER OFFICE
NO. NOTE
I.A.No.2 of 2023
This is an application for condonation of delay of 442 days in filing the writ appeal.
2. Learned counsel for the writ petitioner prays for a week's time to file the objections, if any.
3. List on 08.11.2023 in the 'Motion List'.
W.A.No.1045 OF 2023 Learned Government Pleader submits that the writ petitioner has filed the contempt petition, C.C.No.5270 of 2023 for the alleged disobedience of the order of the writ court, which is fixed for 03.11.2023. In view thereof, learned Government Pleader presses for the interim relief in I.A.No.3 of 2023.
2. Learned Government Pleader submits that the impugned judgment is based on the alleged selection through the Staff Selection Committee dated 24.02.2003, but the enquiry was directed with respect to the said selection and as per the enquiry report, there were various irregularities found in such selection. He further submits that as per the enquiry report, the name of the petitioner along with one more person was included, though the petitioner was not selected. He further submits that besides the petitioner, the two persons who were selected in the same selection, with respect to them the W.P.No.3315 of 2004 was filed and pursuant to the interim direction passed therein,
SL. DATE ORDER OFFICE NO. NOTE the decision was taken by the Commissioner and Director of School Education on 21.07.2004 that in view of the report of the enquiry, it was not feasible for consideration for approval of the selection of those two petitioners. He submits that the said writ petition was later on dismissed, against which writ appeal was filed.
3. At this stage, it is submitted by the learned counsel for the writ petitioner that the writ appeal has been allowed.
4. However a perusal of the judgment in appeal shows, pendency of writ appeal against the order in W.P.No.3315 of 2004.
5. In view of the urgency mentioned, the application for interim relief will be considered on the next date, subject to the result of I.A.No.2 of 2023.
6. Learned counsel for the writ petitioner to place copy of the order passed in the writ appeal as aforesaid by the next date.
________ RNT,J
________ AVRB,J
Note:-
Issue C.C by 02.11.2023 B/o:- Scs
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