- (1.) This mandamus appeal is directed against the judgment and/or order passed by the Learned Single Judge of this Court on 13th December, 2013 in W.P. No. 12955 (W) of 2013 at the instance of the school authority. The State-respondent has also filed an appeal challenging the very same order passed by the Learned Trial Judge, after taking leave of this Court for filing such an appeal without the certified copy of the impugned order.
(2.) The present appeal being MAT No. 758 of 2014, was filed by the school authority beyond the prescribed period of limitation. Delay in filing the said appeal was condoned by this Court on 25th August, 2014. The other appeal was filed by the State-respondents, within the period of limitation as per the provision contained in Order 41 Rule 22 of the Code of Civil Procedure, inasmuch as the said appeal was filed by the State authority within 30 days from the date of service of notice of appeal upon the State authority.
(3.) Since the common order, passed by the Learned Trial Judge is under challenge in both the aforesaid appeals, we thought it fit to dispose of both the aforesaid appeals simultaneously for avoiding conflict of decision.;