[2025:RJ-JP:32504-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Writ Restoration Application No. 1167/2024 In D.B Special Appeal (Writ) No.14/2024 1. State Of Rajasthan, Through Principal Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Director, Elementary Education, Government Of Rajasthan, Bikaner. 3. Special Secretary To Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur. 4. Commissioner, Specially Abled Person, Directorate Of Social Justice And Empowerment Department, Government Of Rajasthan, Jaipur. ----Petitioners Versus Devendra Kumar Sharma S/o Shri Vinod Kumar Sharma, Aged About 27 Years, R/o House No.1, Near Lohagarh Stadium, Jaswant Nagar, Bharatpur (Rajasthan). ----Respondent For Petitioner(s) : Mr. Divanshu Gupta, AGC for Mr. S.S Naruka, AAG For Respondent(s) : HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 19/08/2025 This is an application seeking restoration of the appeal accompanied by an application for condonation of delay of one hundred seventy three days. [2025:RJ-JP:32504-DB] (2 of 2) [WRES-1167/2024] This Court vide order dated 15.02.2024, had granted six weeks time to remove the defects failing which the Special Appeal (Writ) shall stand dismissed automatically without further reference to the Bench. The defects were not removed and the appeal was dismissed. Hence these applications. This is not an isolated case depicting the seriousness with which the Government departments are pursuing litigation in the High Court. In this particular case, the judgment relied upon by the learned Single Judge while passing the impugned judgment has been stayed by the Supreme Court, yet it took almost six months for the State to file an application for restoration. Be that as it may, the technicalities when pitted against substantial justice later shall prevail. For the reasons mentioned therein, the application is allowed and the delay of one hundred seventy three days in filing the application is condoned. The restoration application is allowed. The appeal is restored to its original number, subject to removal of defects within four weeks. In case of failure to do the needful, the restoration order passed today shall stand revoked without reference to the Court. (BALJINDER SINGH SANDHU),J (AVNEESH JHINGAN),J Anil/Diksha-32