- (1.) Heard learned counsel for the parties. Ref. Delay condonation application in Special Appeal Defective No.630 of 2016
(2.) For the reasons stated in the affidavit filed in support of the delay condonation application, the delay is condoned and application is allowed accordingly. Present special appeal is treated to have been filed well within time. Ref. Special Appeals and writ petition
(3.) District Basic Education Officer, Kannauj has filed Special Appeal Defective No.630 of 2016 under Chapter VIII Rule 5 of the Rules of the Court assailing the the validity of the judgment and order dated 3.3.2016 passed by learned Single Judge in Writ Petition No.63703 of 2015 (Smt. Sadhna Katiyar & Anr. v. State of U.P. & Ors.), whereby the writ petition was allowed with a direction to consider the candidature of the petitioners for appointment on the post of Assistant Teacher. The relevant portion of the judgment is quoted as under:- ".......In the present case, both the petitioners have obtained their certificates much before the de-recognition and they have also obtained their graduation degree from the University of State of U.P. and the respondents have allowed them to complete their B.T.C. course on the basis of the certificates obtained by them. They have also qualified their U.P.T.E.T. in the year 2013 & 2014 respectively. In view of the above, the impugned order dated 03.11.2015 insofar as the petitioners are concerned are set aside. It is accordingly set aside. The respondents are directed to consider the candidature of the petitioners for appointment on the post of Assistant Teacher in accordance with law expeditiously, preferably within three months from the date of communication of this order. The writ petition is accordingly allowed. No order as to costs.";