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2016 DIGILAW 1244 (ALL)

Sabahat Lubna v. State of U. P.

2016-04-06

V.K.SHUKLA, VIVEK KUMAR BIRLA

body2016
JUDGMENT Ref: - Delay Condonation Application For the reasons stated in the affidavit filed in support of delay condonation application, constitutes sufficient cause to condone the delay. Consequently, delay is condoned. Present Special appeal is to be treated to have been filed well within time. Ref: - Special Appeal 2. Sabahat Lubna w/o Iftekhar Ahmad, and another are before this Court assailing the validity of the order dated 26.02.2016 passed in Civil Misc. Writ Petition No. 7219 of 2016 (Mohammad Akif and others Vs. State of U.P. and others) wherein learned Single Judge has proceeded to extend the benefit of the orders passed in cases of Sartaj Ahmad and others Vs. State of U.P. and others as well as Talat Shaheen and another Vs. State of U.P. and others respectively to the petitioners and the writ petition has been directed to be tagged with the record of Civil Misc. Writ Petition No. 6004 of 2016. 3. When the matter has been taken up today, it is being sought to be argued on behalf of appellants that on account of passing of such order, as far as candidature of appellants are concerned, they have been ousted and in case petitioners of the aforesaid writ petition would not have been extended the said benefit in question then they would have been there in the list that has been so published. 4. Claim that has been set up by the appellant is supported by Basic Shiksha Parisad also before us by contending that the order in question could not have been passed as same tantamount to passing of final order and that too in breach of the provision that has been approved by the National Council for Teachers Education. 5. Fact of the matter is that Learned Single Judge has proceeded to pass interim order based on earlier interim order and before us various serious questions are being raised that such interim could not have been passed as said order is not in conformity of the provision framed by National Council for Teachers Education. 6. In view of this, as far as we are concerned, we are not at all interfering with the said order but as issues have been raised before us are serious issues and same will have bearing on candidature of petitioners. 6. In view of this, as far as we are concerned, we are not at all interfering with the said order but as issues have been raised before us are serious issues and same will have bearing on candidature of petitioners. we give liberty to the appellants to approach Learned Single Judge by moving impleadment application bringing all the facts to the notice of Learned Single Judge and it is always expected that at the point of time, when learned Single Judge proceeds to consider the matter, it would be seen as to whether the directives given by this Court are in breach of the provision as contained in National Council for Teachers Education and as to whether such an interim order could have been passed ? 7. With the above liberty, present Special Appeal is disposed of.