Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 1206 of 2020 Appellant :- Sanjeev Kumar Patel Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Ravindra Kumar Dwivedi,Raj Mangal Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,J. Hon'ble Rohit Ranjan Agarwal,J.
Order on Civil Misc. Exemption Application No.1 of 2021 The application seeking exemption from filing certified copy of the order of the High Court is allowed.
Order on Delay Condonation Application No.2 of 2020 Heard on the application under Section 5 of the Limitation Act.
There is a delay of 841 days in filing the appeal. No justified reason to condone the delay has been given. The delay in filing the appeal cannot be condoned only for the reason that petitioner is a student or is an agriculturist. The petitioner has even taken excuse of his financial condition to bear the cost of the litigation. The aforesaid cannot be a ground and otherwise it is not stated how the petitioner could manage finance to file the appeal subsequently if he is having poor financial condition.
Taking aforesaid into consideration, we do not find any ground to condone the delay of 841 days in filing the appeal and otherwise no merit in the appeal as the petitioner is one, who failed to submit required Caste certificate for consideration of his candidature in the category of Other Backward Class thus was considered along with candidates of open category. The default or failure of the petitioner to submit the Caste certificate could not have been condoned by learned Single Judge and thus the writ petition was dismissed.
Learned counsel for the appellant was further asked to show pleading that while submitting application form, the petitioner indicated his caste to be Other Backward Class but no pleading to this effect could be shown. Thus presumption goes that petitioner has appeared in the selection for consideration of his candidature in the open category.
We therefore, find no merit in the appeal and even no reason to accept the application for condonation of delay.
Accordingly application for condonation of delay as well as appeal are dismissed.
Order Date :- 13.1.2021 KA