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2022 Supreme(All) 343

DEVENDRA KUMAR UPADHYAYA, MOHD. FAIZ ALAM KHAN
Secy. Basic Edu. Board, Prayagraj – Appellant
Versus
Jubeda Bano – Respondent


Advocates Appeared:
For the Appellant : C.S.C.
For the Respondent: Piyush Mishra.

JUDGMENT :

(Order on application for Condonation of Delay)

1. Heard learned counsel for the appellant-State authorities and learned counsel representing the respondent.

2. Having regard to the averments made in the affidavit filed in support of the application seeking condonation of delay, we find that the delay has sufficiently been explained.

3. Accordingly, the application is allowed and the delay in preferring the special is hereby condoned.

(Order on Special Appeal)

4. Heard Shri Ran Vijay Singh, learned Additional Chief Standing Counsel for the appellants-State authorities and Mohd. Ali and Shri Piyush Mishra for the sole respondent. We have also perused the record available before us on this special appeal.

5. This special appeal filed under Chapter VIII Rule 5 of the Rules of the Court impeaches the judgment and order dated 16.08.2021 passed by the learned Single Judge whereby the writ petition filed by the respondent-petitioner, namely, Writ Petition No.17495 (S/S) of 2021 was allowed. Learned Single Judge quashing the order dated 14.07.2021 which was under challenge therein and simultaneously issued a direction to the appellant-State authorities to consider the candidature of th

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