Vidarbha Gramin Shikshan ... vs Presiding Officer, Sch. ...
2023 Latest Caselaw 4037 Bom

                                                         1                                  908.MCA.453-2023.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                     MISC. CIVIL APPLICATION NO. 453 OF 2023
                                        IN
                       WRIT PETITION NO. 4946 OF 2007 (D)
  ( Vidarbha Gramin Shikshan Sanstha Akola, Thr. Its Secretary & Anr.
                                   Vs.
          Presiding Officer, School Tribunal, Amravati & Ors. )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. R.A. Haque, Advocate for the Applicants.
                                  Ms. Tajwar Khan, A.G.P. for the Non-applicant Nos. 1, 3 & 4/State.




                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 21st APRIL, 2023

Heard.

2. The application seeks review of the judgment dated 29.10.2021 passed in Writ Petition No. 4946/2007, on the ground that the challenge to the termination of the non-applicant No.2 was delayed as it was raised by way of an amendment before the School Tribunal, and therefore, in absence of an application for condonation of delay, the same was not maintainable ; the backwages were granted without considering the necessary requirement of an averment in that regard ; the backwages should not have been granted as the course was discontinued due to the directions by the non-applicant Nos. 3 and 4. In my considered opinion,

2 908.MCA.453-2023.odt

these grounds, call for rehearing of the entire petition, and therefore, cannot be termed as grounds on which a review can be done, the scope of review being limited to what is permissible under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure. I therefore do not see any reason to entertain the application, the same is rejected.

JUDGE SD. Bhimte