:i 4 $,- * IN THE HIGH COURT OF w, P. (c) e8so /200e USHA KIRAN Through: VETSUS LT.GOVERNOR & ORS. Through: DELHI AT NEW DELHI Mr. Rajiv Ar;j;; PAedtitioner ..... Respondent T;Y CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA ORDER 2s. 10.20 10 W.P. (C) No. 985O/20O9 & CM APPL. No. 1417512O10 Counsel for the petitioner states, on instructions, that he be permitted to withdraw this writ petition with permission to approach the Tribunal under Section B(3) of the Delhi Education Act, 1973. It is further prayed that the delay in filing the appeal, which has occurred due to the pendency of the present petition, be also condoned. Counsel for the petitioner has also referred to similar orders passed by the Supreme Court of India in SLP (C) Nos. 628812009 & 6502/2009 titled Abha Gupta vs. Director of Education & Ors, and Bina Sharma vs, Director of Education & Ors., respectively. Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 't ;\ 'a Since the petitioner was pursuing the instant remedy in a bona fide manner, to my mind, it is only appropriate that the delay in moving the Tribunal should not come in the way of the decision of the petitioner's appeal on merits, provided the same is filed within eight weeks from today. It is ordered accordingly, and it would be open to the petitioner to approach the Tribunal under Section B(3) of the Delhi Education Act, I973, without prejudice to any of the rights and conditions raised in this writ petition. The writ petition is dismissed as withdrawn in the above terms. Dasti. cM APPL. NO. 8064/2009 In view of the orders passed in the main petition, this application does not survive and the same is disposed of as such. s u D E Rt'h**l lif-r" rs RA,r. ocToBER 25, 2O1O rd