Bombay High Court
Narendra Devchand Tayade vs The President Muktainagar Taluka ... on 7 July, 2016
Bench: P.R. Bora
1 WP No. 3372/2016
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.3372 OF 2016
Narendra Devchand Tayade
Age: 39 Yrs., Occ-Nil,
R/o- Chinchol, Tq. Muktainagar,
Dist. Jalgaon.
= PETITIONER
VERSUS
1. The President,
Muktainagar Taluka Education
Society, Muktainagar,
Tq. Muktainagar, Dist-Jalgaon
2. The Head Master,
Grant in Aid Ashram School
Kothali, Tq. Muktainagar,
Dist-Jalgaon.
3. The Commissioner,
Tribal Development Nashik
4. The Project officer,
Integrated Tribal Development
Project, Yawal, Tq. Yawal,
Dist-Jalgaon. = RESPONDENTS
-----
Mr.Pramod S. Gaikwad, Advocate for Petitioner;
Mr. Girish V. Wani, Advocate for Respondent Nos. 1
and 2;
Mr.P.G.Borade, AGP for Respondent Nos.3 and 4.
-----
CORAM : P.R.BORA, J.
DATE :
7 th
July,2016.
ORAL JUDGMENT:
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2 WP No. 3372/2016
1) Heard. Rule. Rule made returnable
forthwith and heard finally with consent of the
learned Counsel appearing for the parties.
2) Against the order dated 26th August, 2014
passed by the School Tribunal, Nashik Region,
Nashik in Misc. Application No.5/2014 (Jalgaon),
thereby rejecting the said application filed by
the present petitioner seeking condonation of
delay, which has occurred in filing an appeal
before the School Tribunal, the present petition
is filed.
3) Learned Counsel appearing for petitioner
submitted that the petitioner resides in
Muktainagar and for certain unavoidable
circumstances, he could not attend the
proceedings before the School ribunal and in such
circumstances, the School Tribunal has dismissed
the application in default. The learned Counsel
further submits that henceforth, the petitioner
will take all prompt steps and proceed with the
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3 WP No. 3372/2016
matter before the School Tribunal.
4) Shri Wani, learned Counsel appearing for
the respondents has opposed for accepting the
request so made stating that the School Tribunal
has assigned valid reasons for dismissing the
matter in default and as such, no interference is
required in the order passed by the School
Tribunal.
5) After having considered the submissions
advanced by learned Counsel appearing for the
respective parties, it appears to me that the
petitioner needs to be given an opportunity to
contest the matter on merits. In view of the
undertaking given by the petitioner that
henceforth, the petitioner will promptly
prosecute the matter, I am inclined to allow the
present petition, Hence, the following order, -
ORDER
i) The impugned order dated 26.8.2014
passed by the Presiding Officer, School Tribunal,
Nashik Region, Nashik below Misc. Application No.
5/2014(Jalgaon) is quashed and set aside and the
matter stands restored to file of the School
Tribunal.
ii) The parties shall appear before the
School Tribunal on 1st August, 2016;
iii) The petitioner shall, without taking any
further adjournment, prosecute the Misc.
Application filed by him, seeking condonation of
delay;
iv) The School Tribunal shall decide the
aforesaid Misc. Application on its own merits.
v) In the circumstances of the case, no
order as to costs.
vi) Rule is made absolute in aforesaid
terms.
sd/-
(P.R.BORA,J.)
bdv/
