SAURASHTRA UNIVERSITY Vs. N T LAKHTARIA

JUDGEMENT

(1.) The applicant-appellant-Saurashtra University has filed this application for condoning delay of 482 days in filing the above Letters Patent Appeal against the order dated 7.5.2002 passed by the learned Single Judge of this court (Coram : Miss.R.M.Doshit, J.) in Special Civil Application No.952/02.

(2.) It is stated in para 3 of this application that after judgment and order dated 7.5.2002 passed by the learned Single Judge of this court, certified copy of the said order was forwarded to applicant-University by its advocate, but the University could not take the decision for filing Letters Patent Appeal challenging the order passed by the learned Single Judge. It is further stated in para 3 of this application that after the order was passed in Special Civil Application by the learned Single Judge confirming the order passed by the Gujarat University Services Tribunal (for short "the Tribunal") another person approached the Tribunal for the same relief and the University Grants Commission (for short "UGC") also challenged the order of the learned Tribunal by way of Special Civil Application No.5403/03. It is further stated in para 3 of this application that if any adverse order passed against the present applicant in the said writ petition filed by the UGC, it will adversely affect the applicant-University. Therefore, the University took a decision to challenge the judgment and order passed by the learned Single Judge in above appeal.

(3.) Thus, on the aforesaid ground the applicant University has prayed for condoning gross delay of 482 days in filing the above appeal, which is seriously opposed by the learned counsel, Ms.Mamta Vyas appearing for opponent No.1-Shri N.T.Lakhtaria in whose favour the Tribunal has passed the order. It was submitted by learned counsel Ms.Vyas for the opponent No.1 that initially after dismissal of its writ petition on 7.5.2002 by the learned Single Judge of this court, the applicant-University had abandoned the idea of challenging the said order in Letters Patent Appeal before the Division Bench of this court, therefore, they have not even applied for certified copy of the order dated 7.5.2002 passed by the leaned Single Judge within the period of limitation, which was 30 days. She further submitted that in fact till today certified copy of the judgment and order dated 7.5.2002 passed by Miss.R.M.Doshit, J. in Special Civil Application No.952/02 is also not produced. Therefore, the delay is not of 482 days, but it is much more than that. She further submitted that the Hon'ble Supreme Court and this court has consistently taken the view that if the parties do not apply for certified copy within the period of limitation, then it is to be presumed that the party had given up or abandoned the idea of challenging the order before the appropriate forum and, thereafter for some or the other reason if they decide to file an appeal, then on any excuse delay should not be condoned. She further submitted that the applicant-University woke up only after another learned Single Judge of this court passed an order on 3.9.2003 in Special Civil Application No.5403/03 filed by the UGC till then it had not even dreamed of challenging the judgment and order dated 7.5.2002. She further submitted that merely because the UGC had also challenged the impugned order passed by the learned Tribunal before the learned Single Judge of this court by way of separate Special Civil Application No.5403/03, then only on the ground that any adverse order passed on it may likely to affect the interest of the University, therefore, the University was required to challenge the judgment and order passed by the learned Single Judge on 7.5.2002 cannot be said to be a ground or cause much less sufficient cause to condone such gross delay of hundreds of days. She also submitted that application filed by the opponent No.1 was allowed by the learned Tribunal against which writ petition was filed by the University and it was dismissed on 7.5.2002 with certain clarifications by Miss.R.M.Doshit, J. Therefore, Letters Patent Appeal against such order passed by the learned Single Judge before the Division Bench of this court would not be maintainable.