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Judgment
Arun Mishra, C.J.—There is delay of 73 days in filing the appeal. For the reasons mentioned in the application under Sec. 5 of the Limitation Act, duly supported by affidavit delay of 73 days in filing the appeal is condoned. Application under Sec. 5 of the Limitation Act is disposed of.
Heard finally with the consent of learned counsel for the parties.
Appellant/petitioner filed writ application before the Single Bench with a prayer to give benefit of reservation to the candidates belonging to Jat Community as per Government decision. Prayer was also made to treat the appellant in OBC Category as per the advertisement in question. Single Bench dismissed the writ application vide impugned order dt. 17.09.2007, on the ground that whole selection process is over and due to lapse of time, the relief, as sought, cannot be granted by the Court in the writ jurisdiction.
Writ application was filed in the year 2000 and final select list was published on 05.10.1999. Writ application could not have been dismissed by the Single Bench on the aforesaid ground. Merits of the case have not been taken into consideration by the Single Bench. Impugned order passed by the Single Bench is not speaking one and it does not show due application of mind, case set up by the petitioner and relief prayed by him. Thus, impugned order is liable to be set aside and the same is, hereby, set aside. Appeal is allowed. Matter is remitted to the Single Bench and we request the Single Bench to decide writ application afresh considering the merits.