mgn 1 wp-1413-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1413 OF 2011 Daund Medical Foundations Sushrusha Nursing School ..Petitioner Versus 1.Maharashtra Nursing Council & Ors. ..Respondents Mr. Ashutosh Khandeparkar along with Ms. Shilpa A. Joshi for petitioner. Mr. R.R. Salvi with Suvarna B. Telgote for respondent No.1. Mr. Deepak Rai i/b. Suresh Kumar for respondent No.2. Mr. V.S. Gokhale, AGP for respondent No.3-State. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. Monday, 6 th June, 2011 PC: What is challenged in this petition under Article 226 of the Constitution of India is the order dated 13th January, 2011 at Exhibit “D” and another order of the same date at Exhibit “E” of the Maharashtra Nursing Council for withdrawal of permission of the petitioner institution for R.G.N.M., and R.A.N.M. Programmes. 2. Affidavit in reply has been filed on behalf of the Respondent No. 1-Maharashtra Nursing Council on merits of the controversy. 3. At the hearing of this petition our attention has been drawn to the provisions of Section 25(4) of the Maharashtra Nurses Act, 1966 mgn 2 wp-1413-11.sxw providing for an appeal against an order of the Council for withdrawal of recognition. The learned Counsel for the petitioner states that the appeal was required to be filed within three months from the date of communication of the order, but the petitioner had already filed the present petition in February, 2011. The learned Counsel, therefore, submits that the petitioner is prepared to file an Appeal and the Appeal be treated to have been filed within the above statutory period. 4. Having regard to the fact that the present petition was filed in February, 2011 challenging the impugned orders dated 13th January, 2011 and thus the petitioner was bonafide prosecuting the present proceedings and having regard to the principle underlying the provisions of Section 14 of the Limitation Act, 1963 and the decision of the Supreme Court in Rameshwarlal vs. Municipal Council Tonk & Ors., reported in (1996) 6 S.C.C.100, we are of the opinion that the interests of justice would be served if this petition is disposed of with a direction that if the petitioner prefers an Appeal to the State Government against the aforesaid orders dated 13th January, 2011 within three weeks from today, the State Government shall treat the appeal as having been filed within the prescribed period and decide the same on merits without raising any objection on the ground of limitation. 5. The petition is accordingly disposed of in terms of the above directions. CHIEF JUSTICE GIRISH S. GODBOLE, J.