Sayeda Rubeena Quadri Syed Ataullah Quadri v. Crescent Education Society Aurangabad Through Its President Jalis Abdul Hamid And Others

918 ca.10080.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

918 CIVIL APPLICATION NO. 10080 OF 2018 IN RAST/15333/2018 SMT. SAYEDA RUBEENA QUADRI D/O SYED ATAULLAH QUADRI

VERSUS

CRESCENT EDUCATION SOCIETY AURANGABAD, THROUGH ITS PRESIDENT JALIS ABDUL HAMID AND OTHERS ...

Advocate for Applicant : Mr. S. S. Kazi.

AGP for Respondents: Mr. S. J. Salgare.

Advocate for Respondent No.4 : Mr. Deelip Bankar Patil. ...

CORAM :

T. V. NALAWADE & SMT. VIBHA KANKANWADI, JJ.

DATE :

04th October, 2018.

ORDER:

.

The application is filed for condonation of delay of 6 years and 144 days caused in filing the review application for review of the order made in Writ Petition No.4420 of 2009 by this Court. Heard the learned counsel for Applicant.

For making out a case, the Applicant is required to show two things (i) that she has sufficient cause for not approaching the Court and (ii) she is having some case on merits in the main matter. Unless both the things are made out, delay cannot be condoned.

918 ca.10080.18.odt The previous proceeding bearing Writ Petition No.4420 of 2009 was filed by the educational institution where the Applicant was working. The institution was praying for direction against the Respondents to give grant-in-aid in respect of two divisions started by it in the year 2000-2001. On merits, this Court held that such direction cannot be given. That was only point involved in that matter. The present Applicant has grievance that even when she was surplus and that was confirmed by this Court in the previous proceeding, steps were not taken for her absorption as per the procedure. That claim of the Applicant cannot be considered in the matter, which was filed by the institution and for altogether different relief. The application stands rejected.

[ SMT. VIBHA KANKANWADI, J. ] [ T. V. NALAWADE, J. ] ndm