SPA/136/2018
2025 Latest Caselaw 1378 UK

Uttarakhand High Court

SPA/136/2018 on 29 July, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                2025:UHC:6618-DB
                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                          COURT'S OR JUDGE'S ORDERS
No.            directions and
             Registrar's order
              with Signatures
                                  Delay Condonation Application (CLMA No. 2693 of 2018)
                                  In
                                  SPA/136/2018
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Subhash Upadhyay, J.

(Per: Hon'ble Manoj Kumar Tiwari, J.)

Mr. Devendra Singh Bora, Standing Counsel for the State of Uttarakhand / appellants.

2. Mr. Parikshit Saini, Advocate for the respondent.

3. There is 310 days delay in filing the special appeal.

4. Reasons furnished in the Delay Condonation Application are sufficient to condone the delay in filing the Special Appeal. Accordingly, Delay Condonation Application is allowed and the delay in filing the Special Appeal is condoned.

5. State has challenged the judgment dated 05.04.2017, rendered by learned Single Judge, in Writ Petition (S/S) No. 1477 of 2016. By the said judgment, the authorities of Education Department were directed to consider case of the respondent as General Category candidate in the selection for appointment as Assistant Teacher (Primary).

2025:UHC:6618-DB

6. Mr. Parikshit Saini, learned counsel for respondent (writ petitioner) submits that pursuant to the direction issued by the impugned judgment, case of his client was considered against unreserved post and she was placed at Sl. No. 18-A amongst General Category candidates, however, she was denied appointment on the ground that no vacancies of that particular recruitment year are available. Mr. Saini further submits that respondent has thereafter filed Writ Petition (S/S) No. 194 of 2021 against denial of appointment to her, which is still pending. Thus, Mr. Saini submits that this Appeal has become infructuous, as compliance of the judgment rendered by learned Single Judge was done by the authorities.

7. Learned State Counsel concedes that if what Mr. Saini says is correct, then the relief as claimed in this Appeal do not survive.

8. In view of the statement made by Mr. Parikshit Saini, Special Appeal is dismissed as infructuous.

(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 29.07.2025 Navin NAVEEN Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND,

CHANDRA serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A86D AAB21CE5, cn=NAVEEN CHANDRA Date: 2025.07.31 10:36:44 +05'30'