Prakash Ramchandra Kamble v. The President Shikshan Prasarak Mandali, And ORS.

16-wp5308-2024.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5308 OF 2024 VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2024.04.18 14:14:50 +0530 Prakash Ramchandra Kamble ... Petitioner V/s.

The President/The Secretary Shikshan Prasarak Mandali & Ors.

... Respondents Mr. Deepak A. Sathe for the petitioner.

Ms. Meena H. Doshi for respondent Nos.1 and 2. Mr. Yogesh Jadhav with Mr. Jitendra Pathade for respondent No.3.

Mr. J. P. Patil, AGP for the State/respondent Nos.4 to 8.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 18, 2024 P.C.:

1.

The petitioner is challenging order dated 3 December 2012 passed by the School Tribunal in Appeal No.125 of 2011. The petition is filed on 1 April 2024.

2.

According to the petitioner, paragraph No.14 of the writ petition is an explanation for laches in filing the writ petition. On perusal of paragraph No.14, it appears that Coordinate Bench of this Court expressed some tentative opinion about the merits of the matter. Such ground is not sufficient to explain laches of 12 years in invoking constitutional jurisdiction. Though there is no

16-wp5308-2024.doc limitation provided for invoking constitutional jurisdiction, it is well settled that the person approaching the writ Court must approach the Court within reasonable period. Period of 12 years in the facts and circumstances of the present case, when the issue is in relation to seniority cannot be termed as reasonable period for condonation of laches in filing the writ petition. Hence, the writ petition cannot be entertained.

3.

The writ petition is, therefore, dismissed. No costs. (AMIT BORKAR, J.)