STATE OF U P Vs. VIMLA MAURYA

JUDGEMENT

(1.) HEARD learned counsel for the parties on the question of condonation of delay in filing the special appeal. The appeal is reported to be beyond time by 185 days. We have gone through the affidavit filed in support of the delay condonation application. Cause shown is sufficient to condone the delay in filing the special appeal. The delay in filing the special appeal is condoned. The application for condonation of delay is allowed. The appeal shall be treated to be filed well within time.

(2.) HEARD learned counsel for the parties on merit and perused the record.

(3.) FROM the perusal of condition No. 5 it appears that the form has to be filled up in accordance with the proforma prescribed for filling up of the form and the candidate is also required to give an undertaking to the effect that the declarations given in the form are true and in case the undertaking given by the candidate is found to be false his form shall stand cancelled and penal action may also be taken against him/her. Condition No. 6 stipulates that all the certificates/ testimonials which have been mentioned in the form have to be of the date prior to the date of filling up of the form.