Bombay High Court
Javed Anjum Sk. Rasool vs Majlis-E-Madarsa-E-Saifiya, ... on 1 February, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.2649/2019
Javed Anjum Sk. Rasool,
aged about 45 years, Occ. Terminated
Teacher, r/o Shajar House, Teachers
Colony, Walgaon Road, Amravati,
Tq. Dist. Amravati. .....PETITIONER
...V E R S U S...
1. Majlis-e-Madarsa-e-Saifiya,
Regn. No. F-17, through its President,
Paradise Colony, Walgaon Road,
Amravati - 444 604, Dist. Amravati.
2. The Principal,
Urdu Saify Jubilee M.C.V.C. & Junior
College, Paradise Colony, Walgaon Road,
Amravati - 444 604, Dist. Amravati.
3. Urdu Education Association,
Amravati through its President,
Chandani Chowk, Amravati,
Tq. Dist. Amravati.
4. The Joint Director of Vocational
Education and Training, Amravati,
Tq. Dist. Amravati. ...RESPONDENTS
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Mr. V. A. Kothale, Advocate for petitioner.
Mr. F. T. Mirza, Advocate for respondent nos. 1 and 2.
Mrs. M. A. Barabdhe, A.G.P. for respondent no.4.
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CORAM:- V. M. DESHPANDE, J.
DATED :- 01.02.2021
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ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard
Mr.Kothale, learned counsel for petitioner, Mr. Mirza, learned
counsel for respondent nos.1 and 2 and Mrs. Barabdhe, learned
A.G.P. for respondent no.4. Respondent no.3 is not the necessary
party as the management of the respondent no.3 is already taken
over by respondent nos. 1 and 2.
2. The petitioner has approached this Court against
rejection of application filed on his behalf for condonation of delay
in preferring statutory appeal before learned School Tribunal. The
impugned order is passed on 06.03.2019. The petitioner
approached to learned tribunal below challenging his oral
termination dated 25.09.2017. The appeal was presented on
19.12.2017. Thus, there is a delay of 50 days in presentation of
appeal. According to learned counsel for the petitioner, the delay
occurred because he was awaiting reply to his representation till
06.11.2017.
3. Learned Presiding Officer of the School Tribunal ought
to have taken a lenient view especially when the petitioner has
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lost his service of 24 years and according to him, termination was
illegal. In such case, it is my considered view that lis between the
parties should be decided by the Court on its own merit.
4. In view of above, the writ petition is allowed. Order
dated 06.03.2019 in Appeal No.18/2017 passed by Presiding
Officer, School Tribunal is hereby quashed and set aside. The
delay caused in presenting the appeal filed challenging the oral
termination dated 25.09.2017 is hereby condoned. The appeal
filed on behalf of the petitioner be registered and it be decided on
its own merit by giving opportunity of hearing to both the parties.
Rule is made absolute in the above terms. No order as
to costs.
JUDGE
kahale
