J&K State Board Of School vs Kuldeep Singh And Another
2024 Latest Caselaw 1604 j&K

Jammu & Kashmir High Court

J&K State Board Of School vs Kuldeep Singh And Another on 12 August, 2024

Bench: Rajnesh Oswal, Rahul Bharti

                                                                       Serial No. 1

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                 AT JAMMU

LPA No. 115/2022 in
SWP No. 480/2018
CM No. 6424/2022
CAV No. 1393/2022


J&K State Board of School                          .....Appellant(s)/Petitioner(s)
Education Rehari Jammu Th. Its
Chairman and another
                      Through: Mr. K. D. S. Kotwal, Dy. AG.
                vs
Kuldeep Singh and another                                     ..... Respondent(s)
                      Through: Mr. Anirudh Sharma, Advocate vice
                               Mr. Rahul Pant, Sr. Advocate.

Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
       HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                                      ORDER

12.08.2024

1. This is an application seeking condonation of delay of 133 days in filing

the appeal against the judgment passed by the learned Single Judge in

SWP No. 480/2018.

2. It is contended that the delay in filing the appeal is because of the Covid

19 pandemic and also because some time was consumed in obtaining the

requisite legal opinion.

3. Response stands filed by the respondents, stating therein that no

sufficient cause has been demonstrated by the applicants in respect of

delay occasioned in filing the appeal.

4. Heard learned counsels appearing for the parties.

5. A perusal of the judgment appealed through the medium of intra-court

appeal reveals that the same was pronounced by the learned writ court on

24.03.2022 i.e. during the Covid 19 pandemic.

6. For the reasons stated in the application, we are satisfied that the

applicants have demonstrated sufficient cause for not availing the remedy

of intra-court appeal within the period prescribed.

7. Accordingly delay in filing the appeal is condoned.

8. The application stands disposed of.

9. Issue notice to the respondents.

10. Mr. Anirudh Sharma, Advocate appearing vice Mr. Rahul Pant, learned

senior Advocate waives notice on behalf of the respondents.

11. Mr. K. D. S. Kotwal, learned counsel for the appellants submits that

besides the respondents there are other candidates also who are required

to be considered as they are figuring ahead of the respondents in the

respective seniority list. He further submits that the appellants are ready

to consider the claims of the respondents for the purpose of regularisation

on their own turn as per the list maintained by the appellants.

12. Mr. Anirudh Sharma, learned counsel for the respondents shall report

instructions in this regard on the next date of hearing.

13. List on 31.08.2024.

                                           (RAHUL BHARTI)                        (RAJNESH OSWAL)
                                               JUDGE                                  JUDGE

           Jammu
           12.08.2024
           Sahil Padha