STATE OF MP Vs. SATENDRA SINGH

JUDGEMENT

(1.) THIS writ appeal under Section 2 (1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails the final order dated 14.10.2010 passed in Writ Petition No.1638/2008 (S) by the Single Bench, which, while allowing the said writ petition, has quashed the impugned order challenged therein, by which the services of the petitioners-respondents herein were terminated on the ground that while taking over of the private School/appellant no.4 herein named as Kisan Government Higher Secondary school, Kasmada Porsa, District Morena by the Government and absorbing the petitioners/respondents herein, the rules of reservation were not followed.

(2.) COUNSEL for appellants/State without entering into the merits of the case has merely sought liberty from this Court as granted in the final order dated 23.03.2010 in Writ Petition No.2336/2004 (Mahesh Singh Tomar & Others Vs. State of MP), which was followed by the learned Single Judge while passing the impugned order.

(3.) MOREOVER, the present appeal is barred by 612 days, for which IA No.5492/2012 has been filed by the State to explain the delay, a perusal of which indicates that out of the abovesaid delay of 612 days, the period from 26.10.2010 (the date of receipt of the certified copy of the impugned order by the appellants) to 17.11.2011 (the date of letter seeking legal opinion from the Department of Law & Legislative Affairs), there is no explanation whatsoever. THE delay is not only inordinate but unexplained and, therefore there is no question of any interference in the impugned order by this Court.