Sudhir Agarwal, J. - (1.) PETITIONER is claiming admission in Special B.T.C. Training Course, 2008 (Special Selection).
(2.) IT is not in dispute that before this case petitioner has never come to this Court raising his claim for admission in aforesaid course. However, he placed reliance on Apex Court decision in Civil Appeal No. 8431 of 2011 (Poonam Yadav Vs. State of U.P. & others). In my view, the aforesaid judgment has no application to this Case. There the writ petition was filed by Poonam Yadav in 2008 which was dismissed by learned Single Judge of this Court on 12.12.2008. Poonam Yadav filed Special Appeal after expiry of period of limitation on 17.12.2009 along with delay condonation application. While the defective special appeal was pending, the Full Bench judgment was delivered on 13.8.2010. The Special Appeal was dismissed on 31.8.2010 on the ground of limitation since the delay condonation application was rejected. The authorities took the view that since no matter was pending on 13.8.2010 hence Poonam Yadav, petitioner in that matter, was not entitled for any benefit. The Apex Court in these circumstances observed that delay in filing special appeal ought to have been condoned and if that be so, the Special Appeal being a continuance of writ petition when the judgment dated 13.8.2010 was delivered, the matter was pending before this Court and she was entitled for benefit of the said judgment which observed that in all pending matters relief shall be granted. That is not the situation in the case in hand and therefore the said judgment has no application to this case. Writ petition lacks merit. Dismissed.;