LONDHE PRAKASH BHAGWAN versus DATTATRAYA EKNATH MANE & ORS.

LONDHE PRAKASH BHAGWAN versus DATTATRAYA EKNATH MANE & ORS.

Appeal under Section 9 of the Maharashtra Employees of Private Schools Act must be filed within reasonable time, and nearly 10 years' delay in challenging appointment of Headmaster without cogent reason is inordinate and cannot be condoned; High Court order remanding to Tribunal is set aside and Tribunal's order is affirmed.

Parties
Appellant: Londhe Prakash Bhagwan; Respondent No.1: Dattatraya Eknath Mane; Respondents: Other Respondents
Jurisdiction
India
Judgment Date
10 September 2013
Procedural Posture
Civil Appeal / Appeal Against High Court Order Remanding to School Tribunal
Outcome
Appeal allowed
Legal Topics
Delay/laches, Limitation, Appointment of Headmaster, Service Conditions
Education Law Employment Law Delay/laches Limitation Appointment of Headmaster Service Conditions

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Parties

Londhe Prakash Bhagwan

Appellant

Dattatraya Eknath Mane

Respondent No.1

Other Respondents

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Order Remanding to School Tribunal

Legal Issues

  1. 1 Whether appeal can be filed before School Tribunal with inordinate delay when no statutory time limit is prescribed
  2. 2 Whether court can condone delay of nearly 10 years in challenging appointment

Ratio Decidendi

Appeal under Section 9 of the Maharashtra Employees of Private Schools Act must be filed within reasonable time, and nearly 10 years' delay in challenging appointment of Headmaster without cogent reason is inordinate and cannot be condoned; High Court order remanding to Tribunal is set aside and Tribunal's order is affirmed.

Court Disposition

Appeal allowed

Orders

  • Order passed by High Court is set aside
  • Order of Tribunal dismissing condonation of delay application is affirmed