- (1.) Defects are over-ruled.
(2.) Mr. Dinesh Yadav, learned Additional Advocate General submitted that number of writ petitions were decided by common order by Single Bench and State preferred special appeals and all the special appeals, i.e. D.B. Civil Special Appeal No. 184/2012(State of Rajasthan & Others Vs. Hansram) and other 28 connected appeals were dismissed by Division Bench of this Court vide judgment dated 30.03.2012, while condoning the delay in filing the special appeals, therefore, delay in filing present special appeal may also be condoned and special appeal may be dismissed. Judgment dated 30.03.2012 passed in D.B. Civil Special Appeal No. 184/2012 is reproduced as under: There is delay in filing the appeals. Delay is condoned for the reasons stated in the applications. Applications under Section 5 of the Limitation Act are disposed of. There was dispute with respect to the measurement of height and chest of the candidates. The same candidates have applied for the post of Constable and other posts so advertised and their height and chest were measured differently on different dates in short proximity of time. Since the difference in measurement of the same candidate was apparently not permissible, as such, a large number of writ applications were filed before the Single Bench. The Single Bench has directed to measure the height and chest as the case may be on proper representation to be filed within 15 days. It is conceded at bar on a specific query being made that in some of the cases order passed by the Single Bench has already been complied with. As the orders were same and the same have been complied with in some of the cases and there was discrepancy in the measurement of height and chest of the same candidate, we find the direction issued by the Single Bench to be appropriate in the peculiar facts of the instant matters. We are not inclined to interfere in the appeals and the direction issued by the Single Bench, particularly when the orders passed by the Single Bench have already been complied with in some of the cases. Special appeals are, accordingly, dismissed. Applications seeking exemption from filing the paper book of the writ petitions and annexures as well as stay applications are dismissed. However, this judgment not be treated as precedent in other cases.
(3.) In view of above, delay in filing present special appeal is condoned. Application under Section 5 of the Limitation Act stands allowed. The special appeal is dismissed for the same reasons as mentioned in judgment dated 30.03.2012, reproduced above. Stay application also stands dismissed.;