- (1.) THE present writ petition has been filed challenging the order dated 25.07.2013 (Annexure P -8) whereby, respondent no. 1 has dismissed the appeal of the petitioner against the order dated 06.11.2012 (Annexure P - 4), which has also been challenged in the present writ petition. The ground for dismissing the appeal is that there is a delay of more than 2 months beyond the prescribed time limit of 60 days and the appellant has not given reason for delay in the submission of appeal and accordingly, the delay was not condoned. The relevant portion of the impugned order reads as under: - "AND WHEREAS the Council noted that the submission of the appeal has been delayed by more than two months beyond the prescribed time limit of 60 days. The appellant has not given any reason for delay in the submission of the appeal. The Council therefore decided not to condone the delay and therefore the appeal is not admitted. AND WHEREAS after perusal of the documents, memorandum of appeal, affidavit and after considering the oral arguments advanced during the hearing the Council concluded not to condone the delay and therefore, the appeal is not admitted."
(2.) COUNSEL for the petitioner restricts his claim only to the order dated 25.07.2013 (Annexure P -8) whereby, his appeal was dismissed on the ground of limitation.
(3.) PERUSAL of the order, which was the subject matter of appeal dated 06.11.2012, would show that in exercise of powers under Section 14(1) of the National Council for Teachers Education Act, 2010, the application of the petitioner for grant of recognition was rejected on account of various deficiencies. The petitioner was given right to file an appeal within 60 days from the date of issue of order. In the appeal preferred (Annexure P -7), it was categorically mentioned as under: - "Reason of delay When my proposal was rejected by NCTE Jaipur meanwhile general notification was done by NCTE Jaipur for fresh B.Ed. course in General Category. So he was confused to apply the fresh application for B.Ed. course in general category or not, this is the reason of delay." Thus, the appellant -petitioner was able to show sufficient cause for filing the appeal beyond the prescribed period of limitation and the reasoning given by the appellate Authority, as reproduced above, that there is no reason given for delay of two months is against the record and the order is liable to be set aside on this ground alone.;