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High Court of DelhiLPA/140/2025

Rehabilitation Council Of India v. Delhi College Of Special Education

2025-02-25Hon'Ble Mr. Justice Tushar Rao Gedela,Hon'Ble Chief Justice Devendra Kumar Upadhyaya2 pages

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 140/2025 REHABILITATION COUNCIL OF INDIA .....Appellant Through:

Mr. Siddhartha Shankar Ray, CGSC with Mr. Suryadeep Singh, Advocate versus DELHI COLLEGE OF SPECIAL EDUCATION .....Respondent Through:

Mr. Sanjay Sharawat, Sr. Advocate with Mr. Ayush Anand and Mr.

Ashok Kumar, Advocates

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 25.02.2025 CM APPL. 11326/2025 (for delay of 235 days) 1.

Having regard to the averments made in the application seeking condonation of delay, the application is allowed and delay of 235 days in filing the instant Letters Patent Appeal is condoned. 2.

The application is disposed of.

LPA 140/2025 & CM APPL. 11327/2025 CM APPL. 11328/2025 3.

Heard learned counsel representing the parties. 4.

This appeal preferred under Clause X of the Letters Patent challenges the judgment dated 31.05.2024 passed by the learned Single Judge in W.P.(C)5398/2024.

5.

In the writ petition, under challenge were the Circulars dated 04.01.2024 and 08.03.2024, conveying the decision of the appellant-council The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2025 at 14:31:09

to return the applications/proposals submitted by the respondents for starting new courses in special education.

6.

Learned Single Judge while allowing the writ petition quashed the aforesaid circulars dated 04.01.2024 and 08.03.2024 and set aside the same to the extent that the same returned the applications/proposals made by the respondents.

Learned Single Judge further directed that the applications/proposals submitted by the respondents be processed afresh in accordance with law.

7.

We have been informed that pursuant to the order passed by the learned Single Judge, which is impugned in this appeal, the proposals submitted by the respondents have been processed by the appellant-council and the same have been rejected, exception to which has been taken by the respondent before the appropriate forum.

8.

In view of the aforesaid, we are of the opinion that no fruitful purpose would be served in carrying on the proceedings of the appeal, which is hereby dismissed.

9.

However, we make it clear that questions of law raised in the appeal are kept open to be considered in some appropriate case. DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J FEBRUARY 25, 2025 j The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2025 at 14:31:09