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[2026:RJ-JD:5526-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Spl. Appl. Writ No. 1616/2025

1. State Of Rajasthan, Through The Secretary, Department

Of Education, Secretariat, Government Of Rajasthan,

Jaipur.

2. Director, Secondary Education Department, Bikaner.

3. District Education Officer, Secondary Education

Department, Jodhpur Rural.

----Appellants

Versus

Raju Ram Bhanwariya S/o Shri Jagdish Bhanwariya, R/o

Bhanwariyo Ki Dhani, Mahadev Nagar, Borunda, Tehsil Pipar City,

District Jodhpur (Raj.).

----Respondent

For Appellant(s) : Mr. Sajjan Singh Rathore

For Respondent(s) :

HON'BLE MR. JUSTICE ARUN MONGA

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order(Oral)

30/01/2026

Per : Arun Monga, J

1. Applicant seeks condonation of delay of 321 days in filing the

accompanied appeal. For the reasons stated hereinafter, this is not

a fit case where discretion to condone the delay ought to be

exercised.

2. The explanation for seeking condonation is totally mechanical

and there seems to be no application of mind. No specific details

or day to day explanation have been given as to why the matter

remained pending.

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3. For ready reference paras No.1 to 4 of the application are as

below:

“1.That the appellants are filing the instant special appeal against the

order dated 13.8.2024 passed by the learned Single Judge. On the

basis of the grounds mentioned in the memo of appeal, the appellants

have a very strong case in their favour, and there are fair chances of

the special appeal being allowed if it is heard and decided on merits.

2.That the learned Single Judge dismissed the writ petition preferred

by the appellants vide order dated 13.8.2024. A copy of the order

dated 13.8.2024 was obtained on 21.9.2024 and sent to the

Directorate of Secondary Education on 23.9.2024. The opinion of the

Government Counsel was received on 10.3.2025, and the Directorate

sent a proposal for filing the special appeal to the State Government

on 17.12.2024. A meeting of the Litigation Committee was convened

on 23.5.2025, wherein it was decided to challenge the order dated

13.8.2024 by filing a special appeal. In pursuance thereof, the State

Government issued the order dated 10.6.2025 for filing the Special

Appeal. The Directorate of Secondary Education issued an order

appointing the O.I.C. on 23.6.2025, and thereafter, the Officer-in-

Charge contacted the Additional Advocate General, Jodhpur, on

24.6.2025 for filing the special appeal in the matter.

3.That the Government Counsel dictated the special appeal/stay

petition as well as the application under Section 5 of the Limitation

Act on 27-01-2025, which was ready on 30-8-2025, and therefore, the

same is being filed without any intentional or deliberate delay in the

matter.

4.That with great respect, it is most respectfully submitted that the

delay caused in filing the special appeal is bona fide and due to

official procedure, and there is no intentional or deliberate delay on

the part of the appellants. Therefore, the delay caused in filing the

special appeal deserves to be condoned, and the special appeal

deserves to be heard and decided on merits.”

4. Learned counsel for the applicant/State argues that the

present special appeal is being filed with delay owing to bona fide

administrative and procedural requirements, including obtaining

the certified copy of the order dated 13.08.2024, seeking legal

opinion, processing the matter at the Directorate and State

Government levels, convening of the Litigation Committee, grant

of sanction, appointment of the Officer-in-Charge, and preparation

of the appeal by the Government Counsel. The delay occurred due

to official formalities and was neither intentional nor deliberate. It

is, therefore, most respectfully submitted that, in the interest of

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substan