Rajasthan High Court - Jaipur
Ram Piyari Devi Education Trust vs Nation Council For Tech Edu Anr on 22 February, 2012
Author: Ajay Rastogi
Bench: Ajay Rastogi
In The High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.17743/2011 Ram Piyari Devi Educational Trust Vs. National Council for Teacher Education & Anr. Date Of Order :: 22.02.2012 Hon'ble Mr. Justice Ajay Rastogi Mr. Vijay Singh, for petitioner. Mr. Shantanu Sharma, for respondent.
Counsel for petitioner submits that the question raised in the instant petition has been examined and decided by this Court in CWP-7593/2011 (Venus Educational Society Vs. National Council for Teacher Education & Anr.) vide judgment dt.17.11.2011, operative part whereof reads ad infra :-
In view of the writ petition not being entertained on the ground of availability of alternative remedy, it is not for this Court to make any observation. The petitioner would be free to make a detailed application for condonation of delay along with his appeal against the order dated 27.01.2009 passed by the Northern Regional Committee, NCTE, Jaipur and set out therein all grounds as advised. There is no occasion for this Court to substitute its discretion for the discretion of the appellate committee under the Act of 1993 in any matter such as the discretion to condone the delay in filing of the appeal. There is no reason to presume that the appeal of the petitioner as also accompanying application for condonation of delay will not receive the attention and consideration in the facts of the case from the appellate Committee.
In the light of judgment (supra), instant petition stands dismissed. However, the petitioner will be at liberty to avail the remedy of appeal, if so advised. At the same time this Court would like to observe that if any application is being filed seeking condonation of delay the same may be considered taking into consideration the observations made by this Court in the judgment (supra).
(Ajay Rastogi),J.
VS Shekhawat/-p.2 17743cw11Feb22FnlDsps.doc Certificate - All corrections have been incorporated in the judgment/order being emailed/Vijay Singh Shekhawat/PAJ