STATE OF RAJASTHAN Vs. VIDHYA PRACHARANI SABHA

JUDGEMENT

(1.) THE instant application under section 5 of the Limitation Act, 1963 (for short, hereafter referred to as "the Act") has been filed for condonation of delay of 508 days in preferring the accompanying appeal against the judgment and order dated 18.7.2011 passed in S.B.Civil Writ Petition No.9434/2009 granting the following reliefs:

(2.) WE have heard Mr.R.L.Jangid, learned Additional Advocate General for the applicants-appellants and Mr.M.S.Singhvi, learned Senior Counsel for the respondent. According to the applicants, after obtaining the certified copy of the judgment and order dated 18.7.2011, the same alongwith the comments of the learned Government Counsel was forwarded to the officer-incharge and then to the Directorate, College Education, Rajasthan, Jaipur for passing appropriate orders. The documents received on 2.9.2011 were, thereafter, forwarded to the State Government for necessary decision as to whether an appeal should be filed or not. This was done on 19.9.2011. The Standing Committee constituted for the purpose in its meeting held on 23.9.2011 took a decision to send the file to the Finance Department, which was done on 3.10.2011. After making certain queries, the Finance Department recommended on 15.12.2011 that an appeal be filed. The file was thereafter forwarded to the Law Department on 16.12.2011 for granting appropriate sanction. The Law Department on 8.5.2012 opined that no appeal be filed.

(3.) THE respondent in its reply apart from pleading inordinate delay and absence of any explanation whatsoever for condonation thereof, has averred that the issues adjudicated in the impugned judgment & order dated 18.7.2011 were sub-judice in S.B.Civil Writ Petition No.2475/2006 Rajasthan Mahila Vidhyalaya V/s State of Rajsthan and ors. . and the decision rendered therein on 25.10.2007 was challenged by the applicants in D.B.Civil Special Appeal (W) No.02696/2009, which was dismissed on 27.8.2010. The Special Leave Petition filed by the applicants before the Hon'ble Apex Court was also disposed of on 4.7.2011 with the following modification: