IMPORTANT POINT
The principle that the law of limitation must be strictly adhered to, and that bureaucratic delays do not constitute sufficient cause for condonation of delay in filing appeals.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 26.02.2019 passed by learned Single Judge of this Court in W.P. (S) No. 7014 of 2012 by which the writ petition has been allowed.

2. Mr. Rahul Saboo, learned counsel for the appellant has submitted that the appeal is barred by limitation since it has been filed after the delay of 904 days.

Submission has also been made that the explanation furnished said to be sufficient cause for condonation of delay may be considered, as such, the delay condonation application being I.A. No. 1523 of 2024 is first to be dealt with before entering into the merit of the issue.

3. Learned counsel for the respondent has filed no rebuttal reply but orally it has been submitted that the appeal since has been filed after much delay of 904 days and if the explanation furnished in the delay condonation application will be taken into consideration, the same is not sufficient cause to condone the said delay.

4. It has also been submitted that the State appellant has got no case on merit since the issue has already been decided by the Division Bench of this Court in L.P.A. No. 735 of 2019 which has been affirmed by the Hon'ble Apex Court in S.L.P. No. 4104 of 2022.

5. Learned counsel for the State-appellant is fair enough not to dispute the deciding of the issue in L.P.A. No. 735 of 2019.

6. This Court has heard the learned counsel for the parties. Although the argument has been advanced on behalf of the learned counsel for the respondent by referring the judgment passed by the Division Bench of this Court in L.P.A. No. 735 of 2019 which has been affirmed by the Hon'ble Apex Court in S.L.P. No. 4104 of 2022 but the question herein is that this Court can only go into the merit if the delay in filing the instant appeal will be condoned by coming to the conclusive finding based upon the explanation furnished in the delay condonation application said to be sufficient cause.

7. It also requires to refer herein that the appeal is to be filed within statutory period and if not filed, a right is to be accrued in favour of the other side and for that, the requirement as per the law is that the issue on merit is to be considered first as also if sufficient cause will be available to condone the delay then only the limitation can be condoned, as such, the interlocutory application being I.A. No. 1523 of 2024 is required to be considered first.

I.A. No. 1523 of 2024:

8. The instant appeal is admittedly barred by limitation since as per the office note dated 08.09.2023, there is delay of 904 days in preferring the appeal, therefore, an application being I.A. No. 1523 of 2024 has been filed for condoning such delay.

9. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 904 days, deems it fit and proper, to first consider the delay condonation application before going into the legality and propriety of the impugned order on merit.

10. Learned counsel for the applicant-appellant has submitted that delay in preferring the appeal may be condoned by allowing the Interlocutory Application on the basis of grounds shown therein treating the same to be sufficient.

11. The grounds for condoning the delay in preferring the appeal, as has been mentioned in the interlocutory application is that after the order having been passed in the writ petition on 26.02.2019, the matter was sent to the Finance Department on 27.09.2019 for their opinion which was duly replied to take appropriate action but on 30.11.2019, it was decided by the State-appellant to send the file along with Finance Department’s opinion to the Law Department and also to the Advocate General for his opinion.

Thereafter, awaiting the opinion, the Secretary School Education and Literacy Department sent the file for compliance for taking approval from the Cabinet on 17.01.2023 which was placed on 09.02.20