HARISH CHANDER Vs. STATE OF J&K

JUDGEMENT

(1.) The applicant/petitioner has filed the instant application seeking condonation of 446 days delay in filing the Review Petition against the judgment dtd. 3/4/2017 passed in SWP No.635/2013 by virtue of which, the writ petition filed by the petitioner has been disposed of in the light of the compliance report filed by respondent No.3.

(2.) In the application, it has been stated that pursuant to the proceedings initiated by the writ petitioner under the provisions of the RTI Act, the respondents have taken a contrary stand in the proceeding wherein the respondents have denied filling up of 36 vacancies under the ST category or allotment of the same to a Physically Handicapped candidate in ST Category. It is further stated in the application that immediately on attaining the copy of the order dtd. 3/4/2017, the petitioner on 10/4/2017 filed an RTI application under J &K right to Information Act, 2009. However, on getting no response to the RTI application, the petitioner preferred the First Appeal under the J &K RTI Act, 2009 on 23/10/2017; that the First Appellate Authority did not pass any order in the First Appeal, the petitioner as such, was left with no option than to file the Second Appeal under the RTI Act before the J &K State Information Commission on 17/1/2018; that the above referred Second Appeal was disposed of on 6/6/2018 though the order was issued vide order dtd. 19/6/2018 by stating that no post was filled under ST category from Handicapped person. The petitioner immediately applied for the copy of the same. However, on obtaining the copy, the petitioner could not approach the Hon'ble Court as at that time the summer vacations were going on in the Hon'ble court. It is further stated that the statutory period of 30 days is prescribed under the Limitation Act as well as the High Court rules and there is a delay of 446 days in filing the accompanying Review Petition. However, since the relevant order passed in second appeal under the RTI Act was passed only on 19/6/2018 which gave a cause of action to present the review petition, as such, the delay caused which was otherwise beyond the control of the petitioner may kindly be condoned.

(3.) Heard learned counsel for the petitioner and perused documents annexed therein.