Ashok Kumar Sharma vs Director School Education & Ors
2023 Latest Caselaw 2230 j&K

                                                                       Sr. No. 24


       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU

                                                 LPA No. 6/2022
                                                 CM No. 786/2022

Ashok Kumar Sharma                                    .....Applicant(s)/Petitioner(s)

                               Through :- Mr. Narinder Kumar Attri, Advocate
                        v/s
Director School Education & Ors.                                 .....Respondent(s)

                               Through :- Ms. Saliqa Sheikh, Assisting counsel to
                                          Mr. Raman Sharma, AAG

CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
       HON'BLE MR. JUSTICE MOHAN LAL, JUDGE

                                    ORDER

09.10.2023

CM 786/2022

1. This is an application for condonation of delay of 445 days in filing

Letter Patents Appeal (LPA) against the order/judgment dated

10.08.2020, passed by Writ court in SWP No. 544/2018.

2. The delay is sought to be explained on the ground that immediate

steps could not be taken to challenge the impugned order by filing

an appeal due to restrictions of movement on account of outbreak of

Covid-19 Pandemic.

3. Reliance has been placed on the judgment of the Hon'ble Supreme

Court of India, rendered in the case of Suo Motu Writ Petition (C)

No. 3 of 2020 in RE: Cognizance for extension of limitation,

wherein, the Hon'ble Supreme Court has directed that the period

from 15.03.2020 till 28.02.2022 shall stand excluded for the

CM No. 786/2022

purposes of limitation, as may be prescribed under any general or

special laws in respect of all judicial or quasi-judicial proceedings.

4. Learned counsel for the applicant submits that he filed the instant

appeal on 30.12.2021, therefore the applicant/appellant is entitled to

the benefit of exclusion of time limitation, as provided by the

Hon'ble Supreme Court in the aforesaid Suo Motu writ petition.

5. Having heard learned counsel for the parties, we are of the

considered opinion that the instant case for condonation of delay is

fully covered by the judgment of Hon'ble Supreme Court in RE:

Cognizance for extension of limitation and therefore the time period

from 15.03.2020 till 28.02.2022 is required to be excluded. The

appeal is, therefore, within time.

6. The instant application is, accordingly allowed and the delay, if

any, in filing the appeal is condoned.

7. Application disposed of.

8. Registry to list the main appeal for consideration on 06.11.2023.

                                  (Mohan Lal)                   (Sanjeev Kumar)
                                    Judge                             Judge
JAMMU
09.10.2023
Manan