- (1.) Present application bearing I A. No. 1097 of 2010 has been filed for condoning the delay of 428 days in filing of this appeal.
(2.) It is submitted by learned Counsel for the appellant that present appeal has been filed under Section 15 of the Jharkhand Educational Tribunal Act 2005 (hereinafter to be referred as JET Act) It is further submitted that no period of limitation has been prescribed in the JET Act, hence the office note that appeal is barred by law of limitation and there is delay of 428 days in filing the appeal is misconceived.
(3.) Sri Ananda Sen, Advocate appearing for the respondents submits that though the limitation prescribed in the various Articles of Limitation Act have no application in the instant case, but in view of the judgment of Hon'ble Supreme Court, the appeal must be filed within reasonable time. It is submitted that as per Section 10 1(b) of JET Act original application can be filed before the Tribunal within six months from the date of issuance of impugned order. Thus in the instant case reasonable period for filing the appeal is six months from the date of passing of order of the Tribunal. It is submitted that as in the instant case, appeal has been filed after the delay of more than one year i.e. 428 days, therefore, same is liable to dismissed on the ground of delay.;