that the petitioner-State appeared before the High Court and was heard before passing of the impugned order, so it was within their knowledge. 2.1 Another fact which may be noticed is that the petitioner-State at page ‘K’ of the Synopsis and List of Dates has referred to Special Leave Petition (Civil)….CC….No.21120 of 2013 titled as ‘State of U.P. & others v. 3 Hereinafter referred to as ‘DGC (Civil)’ Page 2 of 4Vinod Kumar Tripathi & others’ stating therein that in the aforesaid petition identical issue was involved and this Court after condoning the delay had issued notice and the matter is still pending. The actual cause title of the Special Leave Petition (Civil)….CC….No.21120 of 2013 is ‘State of U.P. and others v. Sanjay Kumar and another’. However, from a bare perusal of the order dated 13.12.2013 passed in the aforesaid petition annexed with this petition as Annexure P-7, it is evident that the aforesaid petition was dismissed on account of delay and on merits. Hence the