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2023 Supreme(All) 459

MAHESH CHANDRA TRIPATHI, SAURABH SRIVASTAVA
Kumari Deepti – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Yogesh Kumar Saxena, Ram Sajivan

JUDGMENT :

Saurabha Srivastava, J.

Order on Civil Misc. Delay Condonation Application No. 1 of 2023.

The delay in filing the appeal has been explained in the affidavit.

Cause shown is found sufficient.

Delay is condoned.

Application is allowed.

Order on Appeal.

1. Heard Shri Y.K. Saxena, learned counsel for the appellant, Shri Mohan Srivastava, learned Standing Counsel for the State respondents.

2. The Special Appeal is questioning the validity of the impugned judgment and order dated 04.01.2023 passed by the learned Single Judge in Civil Misc. Writ Petition No. 17259 of 2022 (Kumari Deepti versus State of U.P. and others) and further prayed that the respondent be directed to accept the claim of the petitioner for appointment in the O.B.C. category in accordance with law during the pendency of this Special Appeal.

3. Learned counsel for the appellant in support of his submission states that while passing the order learned Single Judge has erred and has not considered the Full Bench Judgment of this Court rendered in a bunch of matters, leading being Special Appeal No. 156 of 2017-Gaurav Sharma versus State of U.P. Thru Secy. and 3 Others, 2017 AIR (Allahabad) 116.

4. He submits that in the si

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