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Bombay High CourtWP/7924/2025disposed off

Sarsvati Education Society Deolali High School Thr. Its Head Master v. The Second Appellate Authority Cum State Information Commissioner And ORS

2025-12-16Hon'Ble Shri Justice N. J. Jamadar2 pages

20-WP7924-2025.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7924 OF 2025 Saravati Education Society's Deolali High School

...Petitioner

Versus

The Second Appellate Authority-cum-State Information Commissioner and ors.

...Respondents

Mr. Vinayak Kumbhar, a/w Rejendra Khaire and Aniket Phapale, i/b Ashwini Bandiwadekar, for the Petitioner. SANTOSH SUBHASH KULKARNI

CORAM:

N. J. JAMADAR, J.

DATED:

16th DECEMBER, 2025 SANTOSH SUBHASH KULKARNI Date: 2025.12.18 14:03:03 +0530 Oral Order:- 1.

Heard the learned Counsel for the petitioner. 2.

The challenge in this petition is to an order dated 12th December, 2024, passed by the State Information Commission, whereby an application preferred by the petitioner for condonation of delay in preferring the Second Appeal came to be rejected.

3.

The learned Counsel for the petitioner invited the attention of the Court to the copy of the impugned order (Exhibit-F); which is in the nature of a communication. It does not appear that the State Commission has passed a reasoned order. What can be discerned from the impugned order is, the State Commission was of the view that no sufficient cause was 1/2

20-WP7924-2025.DOC ascribed. The impugned order singularly lacks reason. Reason is the soul of the decision making process.

4.

As the impugned order has been passed without ascribing any reason, the Court does not consider it necessary to issue notice to the respondents. It would be appropriate to remit the application back to the State information Commission, Nashik, to provide an opportunity of hearing to the petitioner - applicant and thereafter pass a reasoned order.

5.

Hence, the petition stands allowed.

6.

The impugned order stands quashed and set aside. 7.

The State Information Commission is requested to pass a reasoned order on the application for condonation of delay in preferring the Second Appeal, which has been numbered as SA/2111/2024, after providing an opportunity of hearing to the petitioner in accordance with law as expeditiously as possible. [N. J. JAMADAR, J.] 2/2