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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
G.S. Sandhawalia, CJ., Ranjan Sharma
State of Himachal Pradesh – Appellant
Versus
Aastha Katoch – Respondent
JUDGMENT :
G.S. Sandhawalia, CJ.
CMP[M] No.1698 of 2024 & LPA No.112 of 2025
The present Letters Patent Appeal is barred by 371 days as per averments made in the application, whereas, as per office report, delay is of 399 days.The application, as such, has been opposed by filing reply.
2. We have perused the application and the impugned judgment dated 10.05.2023, whereby the petitioner was given the relief to pay the fee in terms of Annexure P-3, i.e. an amount of Rs.5,50,000/-, as tuition fee, for the academic session 2017-18, but for the subsequent session i.e. 2018-19 onwards, they would be liable to pay the same fee as has been charged by the respondent/State from the candidates, who were admitted against NIR Quota Seats, i.e. fee structure at par with State Government Medical College-State Quota seats. Necessary action was made by Department on 27.05.2023, when the Department wrote allegedly to appellant No.4, vide communication dated 01.06.2023, as has been mentioned in the application. The reference of appellant No.4 has been made repeatedly in the application but memo of parties does not mention appellant No.4 as such. It is mentioned that the Government had raised some queries
The court emphasized that delays in filing appeals must be justified with valid explanations, particularly for governmental entities, and that mere bureaucratic inefficiencies do not warrant leniency....
Government bodies must provide reasonable explanations for delays in filing appeals, as the law of limitation applies equally to all litigants, including the State.
The court underscored that delays due to administrative negligence cannot justify condonation in legal proceedings, particularly for state agencies, emphasizing the importance of diligence in adherin....
The law of limitation applies equally to the State and private parties, with bureaucratic inefficiency not sufficient for condoning delay.
A liberal approach is essential in condoning delays, particularly for government bodies, ensuring that procedural delays do not hinder substantial justice.
(1) Limitation – Condonation of delay – Phrase “within such period” signifies that period covered therein extends to not only original period within which, appeal or application, should have been fil....
The court established that the State must provide a reasonable explanation for delays in legal proceedings, as the law of limitation applies equally to all parties.
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