Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delay reasonable time |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Delay/Laches:Delay in filing appeal before School Tribunal -Appointment of Headmaster challenged belatedly - Held: Ifno time-limit has been prescribed in a statute to apply beforeappropriate forum, court has to be approached within areasonable time - In the instant case, appointment ofappellant was within the knowledge of respondent from dayone, but he did not take any steps for a long time - Periodof 9 years and 11 months, is an inordinate delay to pursuethe remedy and that too without submitting any cogent reasontherefor - Court has no power to condone the same in sucha case - Maharashtra Employees of Private Schools(Conditions of Service) Regulation Act, 1977 - s. 9 -Appeal.The appointment of the appellant as the Headmasterwas approved in a meeting held on August 14, 1996,which was presided over by respondent No.1 asOfficiating Headmaster. On August 16, 1996 the appellantwas appointed on the said post. On July 11, 2007,respondent No.1 challenged the appointment of theappellant and filed an application for condonation of delaybefore the School Tribunal. By order dated 14-3-2007, thesaid application was dismissed by the School Tribunal,observing that respondent No.1 had denied himself theclaim to the said post of Headmaster. The writ petitionfiled by respondent No. 1 was dismissed by the High Court, but in the review petition it recalled the order andremanded the matter to the School Tribunal, holding thatthe provisions of limitation do not apply to appeals filedu/s 9(1 )(b) of the Maharashtra Employees of PrivateSchools (Conditions of Service) Regulation Act, 1977. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2013 INSC 603 |
Petitioner | Londhe Prakash Bhagwan |
Respondent | Dattatraya Eknath Mane & Ors. |
SCR | [2013] 9 S.C.R. 775 |
Judgement Date | 2013-09-10 |
Case Number | 7921 |
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