( 1 ) wp942.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 942 OF 2011 Late A.M. Patil Public Education Society .. Petitioner (Anand Adhyapak Vidyalaya), Yashwant Complex, Satana Road, Pimpalner, Tal. Sakri, Dist. Dhule, Through its President Shri Surendra Vinayakrao Marathe, Age. 58 years, Occ. Pensioner, R/o. Near Rest House, Opp. Ramnagar, Pimpalner, Tal. Sakri, Dist. Dhule. Versus 1. National Council for Teacher Education .. Respondents Bahadursha Marg, Manas Bhavan, New Delhi. 2. Western Region Committee for National Council for Teacher Education, Manas Bhawan, Shyamla Hills, Bhopal – 462 002. 3. The State of Maharashtra Through the Secretary, Education Department, Mantralaya, Mumbai – 400 032. Shri Jayant R. Shah, Advocate for the petitioner. Shri S.S. Bora, Advocate for respondent Nos. 1 & 2. Shri V.D. Godbharle, Advocate for respondent No. 3. ( 2 ) wp942.11 CORAM : NARESH H. PATIL & S.V. GANGAPURWALA,JJ. DATED : 10.02.2011 ORAL JUDGMENT [PER : S.V. GANGAPURWALA,J.] :- 1. Rule, by consent made returnable forthwith and taken up for final disposal. 2. By the present writ petition, the petitioner assails order dated 02.02.2010 passed by the National Council for Teacher Education in appeal thereby dismissing the same on the ground that there is delay of 6 months and 21 days in filing the appeal. 3. The learned counsel submits that the delay that has been caused was for the reasons beyond the control of the petitioner. The appeal involves valuable rights of the petitioner. 4. Shri Bora, learned Counsel appearing for the ( 3 ) wp942.11 respondent Nos. 1 and 2 submits that, no plausible reasons were given for condonation of delay. In absence of the same, delay could not have been condoned. In alternate, Shri Bora submits that, if at all the delay is to be condoned, heavy cost be imposed on the petitioner. 5. The order impugned shows that no reasons are mentioned for not condoning the delay. It is trite law that, when technical consideration and substantial justice are pitted against each other, the cause of substantial justice shall prevail. Moreover, no reasons are given by the authority while passing the impugned order. The delay is also not inordinate. The petitioner has given plausible reasons for delay. 6. In the light of the above, we are inclined to allow the petition and condone delay which is caused in filing appeal, however, subject to payment of cost of Rs. 15,000/-. 7. In the result, the writ petition is allowed. Delay is condoned on payment of Rs. 15,000/- (Rupees Fifteen ( 4 ) wp942.11 Thousand) by the petitioner. The appeal preferred by the petitioner be registered if it fulfills with other legal compliances. The cost be deposited with the Library of Advocates Association of High Court at Aurangabad. 8. Rule is made absolute in the above terms. [S.V.GANGAPURWALA,J.] [NARESH H. PATIL,J.] snk/2011/FEB11/wp942.11