Allahabad High Court
Secy. Exam Regulatory Authority U.P. ... vs Rakesh Kumar Tiwari on 4 February, 2021
Bench: Ritu Raj Awasthi, Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 57 of 2021 Appellant :- Secy. Exam Regulatory Authority U.P. Prayagraj & Ors. Respondent :- Rakesh Kumar Tiwari Counsel for Appellant :- C.S.C. Counsel for Respondent :- Saryu Prasad Tiwari Hon'ble Ritu Raj Awasthi,J.
Hon'ble Manish Mathur,J.
Order on Application for Condonation of Delay As per office report, the Special appeal has been filed with delay of 213 days as on 01.02.2021. Application for condonation of delay has been filed along with affidavit.
No objection has been filed by respondent.
Considering the facts and circumstances as well as going through the grounds taken in the affidavit filed in support of application for condonation of delay, we feel it appropriate to condone the delay. Accordingly, the application for condonation of delay is allowed. The delay in filing of appeal is condoned.
Order on Memo of Special Appeal Heard Mr. Ran Vijay Singh, learned Additional Chief Standing Counsel for the appellants and Mr. S.P. Tiwari and Mr. Dharmendra Kumar Tiwari, learned counsel for respondent.
This special appeal has been filed challenging the interim order dated 03.06.2020 passed in Writ Petition No.8125 (SS) of 2020.
Learned counsel for appellant informs that under similar facts and circumstances involving the same legal issue and against the same order Special Appeal No.154 of 2020 & Other connected appeals have been disposed of by this Court vide order dated 01.02.2021. The order dated 01.02.2021 is reproduced below:-
"Heard learned Advocate General, assisted by Mr. Ran Vijay Singh, learned Additional Chief Standing Counsel for the appellants, Dr. L.P. Mishra, learned counsel assisted by Mr. Amit Kr. Singh Bhadauriya, Mr. Sudeep Seth, learned senior counsel Assisted by Mr. Avdhesh Shukla, Mr. Divyanshu Pratap and Mr. Amremdra Nath Tripathi, learned counsel for respondents and Mr. Asit Chaturvedi, learned senior counsel assisted by Mr. Onkar Singh, learned counsel for intervenor and Mr. Deepak Kumar Srivastava, Mr. Ashish Verma, Mr. Ashish Pandey and Mr. Prabhakar Srivastava, learned counsels for intervenor.
These special appeals have been filed challenging the interim order dated 03.06.2020 passed in Writ Petition No.8056 (SS) of 2020, Writ Petition No.8063 (S/S) of 2020, Writ Petition No.8224 (S/S) of 2020 and Writ Petition No.8095 (S/S) of 2020.
Learned Advocate General has submitted that the order of the learned Single Judge has been stayed by this Court vide interim order dated 12.06.2020. The respondent thereafter had approached the Apex Court by filing Special Leave Petition (C) No.7884 of 2020; Rishabh Mishra & Ors vs. Examination Regulatory Authority & Ors. which have been dismissed vide order dated 07.07.2020 with request to the High Court to decide the pending Special appeal expeditiously within a period of two months. The order dated 07.07.2020 is reproduced below:
"Permission to file the Special Leave Petition is granted.
Applications for intervention/impleadment are allowed.
In para no.20 of the order presently under appeal, the High Court observed as under:
"Pending notice, the operation and effect of impugned order dated 3.6.2020 passed in Writ Petition No.8056 (SS) of 2020, Rishabh Mishra & Others v. State of U.P. & Others and other connected writ petitions, shall remain stayed, until further orders of this Court. However, the State Government is at liberty to proceed further in terms of Apex Court's Order dated 21.5.2020 passed in Special Leave Petition (Civil) Diary No.11198 of 2020, Ram Sharan Maurya & Others v. State of U.P. & Ors. And order dated 9.6.2020 passed in Special Leave to Appeal (C) No.6687 of 2020, Subedar Singh & Ors. v. The State of Uttar Pradesh."
Since the present Special Leave Petitions arise out of the interim order, we see no reason to interfere. These Special Leave Petitions are, accordingly, dismissed.
However, we request the Division Bench of the High Court to dispose of the pending appeals as early as possible and preferably within two months from today.
Pending application(s), if any, also stand disposed of."
Dr. L.P. Mishra, learned counsel assisted by Mr. Amit Kr. Singh Bhadauriya, learned counsel for respondents submits that Special Leave Petition was dismissed on the premise that since it arises out of interim order dated 12.06.2020 and therefore the same is not maintainable.
During the argument learned Advocate General appearing for the appellants as well as learned counsel for respondents agreed that since the writ petition is pending consideration before the learned Single Judge, it needs to be decided on merit therefore the Special Appeals may be disposed of with the observations that the parties may appear before the Writ Court and contest the matter on merit. It is also submitted that the Writ Court may be directed not to be influenced by the interim order granted on 03.06.2020 as well as the interim order granted by the Division Bench in Special Appeal vide order dated 12.06.2020.
In this view of the matter, these special appeals are disposed of with the observations that the Writ Court shall make an endavour to consider and decide the pending writ petitions finally on merit preferably at an early date. All the pleas raised in the Special Appeals are left open including the plea of impleadment of necessary parties in the writ petition.
Needless to observe that the Writ Court will consider and decide the writ petition on merits without being influenced by the interim order dated 03.06.2020 in Writ Petition as well as order dated 12.06.2020 passed in the present Special Appeals."
The special appeal is disposed of in terms of order dated 01.02.2021 passed in Special Appeal No.154 of 2020.
Order Date :- 4.2.2021 Subodh/-