JUDGMENT

C.M. Application No.1 of 2023 (Application for Condonation of Delay)

Heard Shri Amitabh Kumar Rai, learned Additional Chief Standing Counsel for State-appellant and Shri Prashant Chandra, learned Senior Advocate assisted by Shri Anshuman Singh, learned counsel for the respondent.

2. By means of the instant application, the appellant- State of U.P. is seeking condonation of delay of 65 days in filing the special appeal.

3. In the affidavit filed in support of the application filed for condonation of delay, it has been stated that by means of the order dated 27.09.2022 passed by learned Single Judge in Writ C No.522 of 2022, the appellants were directed to grant No-Objection Certificate for admission sought by the respondent within a period of two months. A copy of the judgment and order dated 27.09.2022 passed in Writ-C No.522 of 2022 was served by Manager of the respondent/ School, along with its representation dated 12.10.2022. On 05.11.2022, a meeting of the designated Regional Committee was held and after due deliberation, it was decided to file a special appeal challenging the judgment and order dated 27.09.2022. On 05.11.2022 itself, a letter was sent to the State Government as well as to the Chief Standing Counsel of the State Government for giving his legal opinion. The Chief Standing Counsel gave his opinion by means of letter dated 18.11.2022, which was received in the Office of Joint Director, Education on 23.11.2022. Joint Director forwarded the letter on the same date to the State Government seeking permission to file special appeal.

4. The affidavit further stated that on 08.11.2022, the State Government sought details from the Director Education (Secondary), U.P. regarding the grounds and basis for challenging the judgment and order dated 27.09.2022. The Joint Director, Education replied to the aforesaid letter on the next following day, i.e., 09.12.2022. On 21.12.2022, the State Government granted permission for filing the Special Appeal and a letter was sent to the Chief Standing Counsel for preparation of the special appeal. On 23.12.2022, the file was allotted to one of the State Government Counsel for preparation of the special appeal and thereafter it was filed on 02.01.2023, that is, on the next following working day.

5. The respondents has filed a counter affidavit in response to the application for condonation of delay. Shri Prashant Chandra, learned Senior Advocate appearing for the respondents has drawn our attention to the submissions made in the paragraph nos.8 and 9 of the counter affidavit, wherein it has been stated that filing of the special appeal is not advancing the cause of substantial justice but giving vent to the personal grudge of the Joint Director, Education; that the law of limitation is to be adhered to by all and the State Government cannot claim any privilege as it is not above the law.

6. The State-appellant has relied upon the decisions in the cases of Indian Oil Corp. Ltd. and others v. Subrata Borah Chowlek and another , 2010 (14) SCC 419 , Esha Bhattacharjee v. Mg. Committee of Raghunathpur Nafar , 2013 (12) SCC 649 .

7. Shri Prashant Chandra, learned Senior Advocate has placed reliance on the judgments rendered in the case of National Spot Exchange Limited v. Anil Kohli , 2021 SCC Online SC 716, State of M.P. v. Bherulal , 2020 (10) SCC 654, State of U.P. v. Sabha Narain , 2022 (9) SCC 266 and Union of India v. Vishnu Aroma Pouching (P) Ltd., 2022 (9) SCC 263.

8. The appellant has filed a rejoinder affidavit giving the detailed particulars of the facts pleaded in the affidavit filed in support of the application filed for condonation of delay in filing the appeal and copies