DR MEERA DEVI v. AJIT PRATAP SINGH TOMAR AND 5 OTHERS
SPLA/321/2025 · 2025-04-06
Rajeev Singh, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 20245 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20245 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:49696-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 94 of 2025 Appellant :- Dr Meera Devi Respondent :- Ajit Pratap Singh Tomar And 5 Others Counsel for Appellant :- Abhishek Sharma,Rajiv Sharma Counsel for Respondent :- C.S.C.,Shive Datta Yadav Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Rajeev Singh,J. (Order on application for condonation of delay) The office has reported a delay of 119 days in filing the present special appeal. Learned counsel for the appellant has pointed out from the affidavit filed in support of the application for condonation of delay in filing the special appeal that initially when the writ petition was filed by the respondent No.1- Ajit Pratap Singh Tomar, the appellant was not impleaded as a party. Later on, she was impleaded as respondent No.6, but she was not called upon at any time to file her counter affidavit. The writ petition was allowed on 17.09.2024 and the Additional Chief Secretary, Secondary Education, Government of Uttar Pradesh, who had been
directed to decide the representation of the petitioner- Ajit Pratap Singh Tomar, when called for response from the appellant, she came to know about the order dated 17.09.2024. It is submitted that she has filed the appeal within one month from the date of knowledge of the judgment.
Learned counsel appearing on behalf of respondent No.-1 Ajit Pratap Singh Tomar does not dispute this fact. This Court is of the opinion that delay is liable to be condoned. Accordingly, the delay is condoned. Application for condonation
of delay stands allowed. The office is directed to assign a regular number to this appeal. (Order on appeal) We have gone through the order impugned dated 17.09.2024 and we find that the Writ Court had directed the Additional Chief Secretary, Secondary Education, Government of Uttar Pradesh, Lucknow to decide the representation of the respondent No.1 herein/petitioner in accordance with law by a reasoned and speaking order within a period of three months from the date of production of a certified copy of the order. After such order was passed, the appellant was asked to submit her side of story before the Additional Chief Secretary, Secondary Education, Government of Uttar Pradesh, Lucknow. Admittedly, she has not submitted her case before the Additional Chief Secretary, Secondary Education, Government of Uttar Pradesh, Lucknow till date. We dispose of this appeal with a direction to the appellant to submit her case on merits before the Additional Chief Secretary, Secondary Education, Government of Uttar Pradesh, Lucknow within a period of two weeks from today. If such response of the appellant reaches the Additional Chief Secretary, Secondary Education, Government of Uttar Pradesh, Lucknow latest by 21.04.2025, he shall take it into consideration while passing any order on the representation of the respondent No.1- Ajit Pratap Singh Tomar.
Order Date :- 7.4.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad