MANMODH SINGH Vs. DINESH SINGH & OTHERS

JUDGEMENT

(1.) There is delay of 94 days in filing the appeal. According to the appellant, the delay was occasioned because of the reason that in the original judgment, the appellant had no reason to feel aggrieved. It is only after the correction was carried out, the appellant found it necessary to challenge it. Though there is objection filed to the delay condonation application, we are of the view that delay should be condoned. Accordingly, the delay is condoned. The application for condonation of delay is allowed.

(2.) The appellant is the 4th respondent in the writ petition. The facts, which are not in dispute are that on 24.08.2014 an advertisement was issued for appointment to the post of Junior Clerk in an Inter College, which is an aided institution. 38 persons applied out of which, 26 applications were found correct. The appellant after the interview was selected. Thereafter, two writ petitions were filed; one by the present writ petitioner and another by his father-in-law, who was the then Principal. The judgment in the said writ petitions has been produced as Annexure No.4 to the writ petition. The Court took the view that as far as petition filed by the Principal, who was the relative of the other writ petitioner is concerned, the same could not have been maintained and the said writ petition, namely, Writ Petition (S/S) No.332 of 2015 filed by the Principal was dismissed. The petition filed by the present petitioner was also dismissed. The dismissal of the writ petition filed by the Principal was subjected to one caveat, namely, that in case there is a complaint with regard to the present appellant, who was respondent no.6 in that writ petition, that false certificate has been given, then his candidature should be rejected. In paragraph 13 of the common judgment, the following was the observations:-

(3.) According to the appellant, thereafter the Chief Education Officer examined the matter and passed order dated 12.01.2016. It was found that the documents of the appellant are genuine and direction was given to the Principal of the College to give joining to the appellant, as the Principal was not giving joining. It is thereafter that the present writ petition was filed and the writ petition has been allowed by the impugned judgment dated 03.05.2017 which reads as follows:-