KANAK SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) At the request of learned counsel for the parties, preparation of paper book is dispensed with. This appeal is filed by the person who was not party to the writ petition before the learned Single Judge. While seeking leave to appeal against the aforesaid judgment, it was stated that his rights are affected by the aforesaid judgment and therefore, he has live interest in challenging the order passed by the learned Single Judge in S.B. Civil Writ Petition No.218/2003.

(2.) Considering the petitioner's application, the leave was granted on 21.2.2005. We may also notice here that appeal filed by the present appellant was reported to be barred by 188 days and notices on said application were issued on 23.9.2004. It appears that while considering the application under Section 5 of the Limitation Act and the application for grant of leave, the orders of condoning the delay in filing the appeal remained to be passed while granting leave to appeal on 21.2.2005. Since thereafter, notices on appeal was issued and was admitted on 17.5.2005, we take it that the application under Section 5 of the Limitation Act was also impliedly allowed.

(3.) The interest which the appellant claims in the petition is that respondent petitioner Suresh Chandra Sharma at whose instance S.B. Civil Writ Petition No.218/2003 was filed was not the person at serial No.3 in the order of merit amongst the candidates selected for being appointed on the post of Para Teacher in the discipline of Physical education under the Gram Panchayat Vedia, Panchayat Samiti, Ahore. According to the appellant, though he stands in the order of merit at No.4 but because of judgment under appeal, he is not likely to be given appointment prior to the petitioner while implementing the order under appeal.