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Judgment
Narendra Kumar Jain-I, J.—Heard learned counsel for the parties. For the reasons mentioned in I.A. No. 11342/2011, Appellant No. 1, State of Rajasthan is granted leave to file present intra Court appeal. I.A., No. 11342/2011 stands disposed of.
2 For the reasons mentioned in I.A. No. 11341/2011 under Sec. 5 of the Limitation Act, delay of 73 days in filing the intra Court appeal is condoned. LA. No. 11341/2011 stands allowed.
We have also considered the submissions of learned counsel for the parties and we find that documents annexed with I.A. No. 568/2012 under Order 41 Rule 27 CPC are relevant and material therefore, we allow the application under Order 41 Rule 27 CPC and documents annexed with the application are taken on record.
Mr. S.N. Kumawat, learned Additional Advocate General appearing on behalf of the appellants submitted that learned Single Judge has treated B.E.(Information Technology) as equivalent to B.E.(Computer Science) on the basis of communication dt. 16.04.2009, whereas as per letter dt. 03.10.2011, which has been taken on record while allowing the application under Order 41 Rule 27 CPC, it is clear that both the subjects are separate and independent and the matter of equivalence can only be decided by the University alone.
He further submitted that since the letter dt. 03.10.2011 was issued by AICTE after passing of order by the Single Bench, therefore, the same could not be considered in the impugned order. He, therefore, prayed that he may be permitted to withdraw this special appeal with liberty to file review petition before the Single Bench along with the documents, which have been taken on record while allowing application under Order 41 Rule 27 CPC and further to file fresh special appeal in the matter, in case necessity so arises.
Learned counsel for the respondent has no objection in it, but his only prayer is that he may be permitted to raise all legal submissions before the Single Bench in review petition. After considering all the facts and circumstances of the case, we dispose off the special appeal with liberty, as prayed for. It is directed that in case review petition is filed within three weeks, men the same will be considered by the Single Bench on merits. Stay application also stands disposed off.