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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Chhet Ram Johari Lal Memorial College of Education – Appellant
Versus
National Council for Teacher Education – Respondent
| Table of Content |
|---|
| 1. appellant's grievances regarding recognition withdrawal (Para 1 , 2 , 3) |
| 2. delay in pursuing the writ petition affects case outcome (Para 4 , 5 , 6) |
| 3. court endorses learned single judge's decision (Para 7) |
| 4. appeal dismissed with costs ordered (Para 8 , 9) |
JUDGMENT
D.N. Patel, CJ. (ORAL)
CM APPL. 46142/2021(Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
LPA 487/2021
1. Being aggrieved and feeling dissatisfied by the order of the learned Single Judge dated 01.12.2012 (Annexure A-1) in CM APPL. 42847/2021 in W.P. (C) 6424/2012, the Appellant (Original Petitioner) has preferred the present Letters Patent Appeal.
2. We have heard learned counsel appearing on behalf of the Appellant and looked into the facts and circumstances of the case. Appellant had preferred writ petition being W.P. (C) 6424/2012 seeking the following reliefs:
"(i) a writ in the nature of certiorari for quashing the impugned orders dated 14.02.2012 and 24.06.2011 passed by the respondent no. 1 and order dated 23.06.2010 passed by the respondent no. 2;
(ii) a writ, order or direction to the respondent no. 2 for re-inspection of the petitioner college, withou
A prolonged delay in prosecuting a writ petition can justify dismissal, reflecting a lack of diligence and warranting costs against the Appellant.
Denial of EWS reservation in admission violates constitutional provisions; interim orders do not finalize rights, thus appealing them lacks merit.
Delays exceeding several decades in seeking legal remedies, without sufficient justification, bar petitions under the principles of delay and laches, emphasizing the need for timely judicial recourse....
The legal principle established is that sympathy cannot be the basis for a court order, and a party must demonstrate a prima facie case for interference in a service matter.
An interim order can be upheld while expediting hearing in a related writ petition without addressing the substantive merits of the case.
Letters Patent Appeals are untenable if no rights or liabilities of parties are decided in the impugned order.
The court emphasized that procedural dismissals should not impede justice, allowing reconsideration of the merits in the original application.
The delay of 46 years in approaching the court without a satisfactory explanation constitutes delay and laches, barring the appellant's writ petition seeking an alternative shop.
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