NATIONAL INSTITUTE OF TECHNOLOGY Vs. ASHOK SINGH

JUDGEMENT

(1.) AFTER having heard learned counsel appearing for the parties and considering the facts and circumstances, as well as, the grounds mentioned in the application for condonation of delay, we are satisfied that there was a sufficient cause for not filing the appeal within the period of limitation. Accordingly, the application for condonation of delay shall stand allowed and the delay of 49 days in filing this Letters Patent Appeal shall stand condoned.

(2.) RULE is made absolute. No costs.

(3.) WE have been addressed by learned counsel appearing for the parties at the admission stage. We have threadbare examined the submissions, as well as, the materials on record in the appeal, as well as, the original record of the writ petition. We have, carefully, considered the notification issued by the Ministry of Human Resources Development Department of Secondary and Higher Education, Government of India, through the Joint Secretary to the Government of India dated 28th January, 2004. In order to appreciate the merits of the appeal, as well as, the challenge against it, let there be a reproduction of the notification which is the foundation of the entire controversy which runs as follows: "Consequent upon transfer of Bihar College of Engineering (BCE), Patna, Bihar from the jurisdiction of Patna University as contemplated by the Patna University Act, 1976 (Bihar Act 24 of 1976) with the consent of Patna University, Patna as well as the State Government of Bihar to the National Institute of Technology, Patna, Patna Society, a body registered under the Societies Registration Act (Act 21 of 1860) 1860, vide Registration No. 1284 dated 22.01.2004, the Government of India, after careful consideration, has decided to take over BCE, Patna as fully funded institute of the Central Government and rechristen it as National Institute of Technology, Patna with immediate effect.