Allahabad High Court
State Of U.P.Thru Secy.Basic Edu.Lko.& ... vs Anil Kumar Pandey on 22 July, 2019
Bench: Pankaj Kumar Jaiswal, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 53 of 2016 Appellant :- State Of U.P.Thru Secy.Basic Edu.Lko.& Ors. 4525(M/S)2015 Respondent :- Anil Kumar Pandey Counsel for Appellant :- C.S.C. Counsel for Respondent :- Ashish Verma Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Jaspreet Singh,J.
Present appeal is barred by limitation from four month thirty days.
Heard Sri Anand Singh, learned counsel for the appellant, on delay condonation application as well as on the question of admission. No one has appeared on behalf of the respondent.
For the reasons assigned in the application for condonation of delay, the cause shown in the application is sufficient and, as such, delay in filing the present appeal is condoned and delay condonation application is allowed.
Present special appeal has been filed by the State appellant against the order dated 10.08.2015 passed by the learned Writ Court in Writ Petition No. 4525 (M/S) of 2015, wherein the learned Writ Court relying on the ratio of the judgment passed by a Division Bench of this Court on 03.10.2007 in Special Appeal No. 1271 of 2007 (Gyanendra Kumar Sharma Vs. State of U.P. and others), has observed that those candidates, who have acquired their education from an institution/university recognized by NCTE are entitled to participate in the selection and appointment in question and allowed the writ petition, accordingly.
On due consideration of the aforesaid so also the fact that the S.L.P. against the judgment and order dated 03.10.2007 has been dismissed by the Apex Court on 18.11.2014, we are of the considered view that there is no legal error in the order of learned Writ Court that may warrant interference of this Court.
Special appeal has no merit and is, accordingly, dismissed.
[ Jaspreet Singh, J. ] [ Pankaj Kumar Jaiswal, J. ] Order Date :- 22.7.2019 Shekhar