Hon'ble Manish Mathur,J.
Order on Application for Condonation of Delay Heard.
This special appeal has been filed with reported delay of 234 days as on 22.02.2021.
As there is no serious objection to the application for condonation of delay being allowed and the cause shown in the affidavit filed in support of application for condonation of delay are sufficient, we allow the application for condonation of delay. Delay in filing of appeal is condoned.
Order on Memo of Appeal Heard Mr. Ran Vijay Singh, learned Additional Chief Standing Counsel for the appellants and Mr. Sachin Pratap Singh, learned counsel for respondent.
This special appeal has been filed challenging the interim order dated 03.06.2020 passed in Writ Petition No.8279 (SS) of 2020.
Learned Additional Chief Standing Counsel has submitted that the order of the learned Single Judge has been stayed by this Court vide interim order dated 12.06.2020. The respondent thereafter had approached the Apex Court by filing Special Leave Petition (C) No.7884 of 2020; Rishabh Mishra & Ors vs. Examination Regulatory Authority & Ors. which have been dismissed vide order dated 07.07.2020 with request to the High Court to decide the pending Special appeal expeditiously within a period of two months. The order dated 07.07.2020 is reproduced below:
"Permission to file the Special Leave Petition is granted.
Applications for intervention/impleadment are allowed.
In para no.20 of the order presently under appeal, the High Court observed as under:
"Pending notice, the operation and effect of impugned order dated 3.6.2020 passed in Writ Petition No.8056 (SS) of 2020, Rishabh Mishra & Others v. State of U.P. & Others and other connected writ petitions, shall remain stayed, until further orders of this Court. However, the State Government is at liberty to proceed further in terms of Apex Court's Order dated 21.5.2020 passed in Special Leave Petition (Civil) Diary No.11198 of 2020, Ram Sharan Maurya & Others v. State of U.P. & Ors. And order dated 9.6.2020 passed in Special Leave to Appeal (C) No.6687 of 2020, Subedar Singh & Ors. v. The State of Uttar Pradesh."
Since the present Special Leave Petitions arise out of the interim order, we see no reason to interfere. These Special Leave Petitions are, accordingly, dismissed.
However, we request the Division Bench of the High Court to dispose of the pending appeals as early as possible and preferably within two months from today.
Pending application(s), if any, also stand disposed of."
Mr. Sachin Pratap Singh, learned counsel for respondent submits that Special Leave Petition was dismissed on the premise that since it arises out of interim order dated 12.06.2020 and therefore the same is not maintainable.
During the argument learned Additional Chief Standing Counsel appearing for the appellants as well as learned counsel for respondent agreed that since the writ petition is pending consideration before the learned Single Judge, it needs to be decided on merit therefore the Special Appeal may be disposed of with the observations that the parties may appear before the Writ Court and contest the matter on merit. It is also submitted that the Writ Court may be directed not to be influenced by the interim order granted on 03.06.2020 as well as the interim order granted by the Division Bench in Special Appeal vide order dated 12.06.2020.
In this view of the matter, the special appeal is disposed of with the observations that the Writ Court shall make an endavour to consider and decide the pending writ petitions finally on merit preferably at an early date. All the pleas raised in the Special Appeal are left open including the plea of impleadment of necessary parties in the writ petition.
Needless to observe that the Writ Court will consider and decide the writ petition on merits without being influenced by the interim order dated 03.06.2020 in Writ Petition as well as order dated 12.06.2020 passed in the present Special Appeals.
[Manish Mathur, J.] [Ritu Raj Awasthi, J.] Order Date :- 25.2.2021 Santosh/-