1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 2678/2010. Sughra Bano Ibrahim -: VERSUS :- Rafi Ahmed Qidwai Memorial Education Society and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : SEPTEMBER 13, 2010. Heard Shri P.N. Shende, learned Counsel for petitioner, Shri R.A. Haque, learned Counsel for respondent nos. 1 and 2. Respondent no.3 is Education Officer [Primary] and hence service upon him is not necessary. Rule, made returnable forthwith by consent of parties. Shri Shende, learned counsel states that the appeal memo filed by the petitioner was not proper and hence, those errors were sought to be corrected by adding proper grounds and legal provisions. Shri Haque, learned counsel for respondent nos. 1 and 2 states that the said effort has been undertaken after 13 years and the respondents have already filed their written statement on record. According to him this is nothing but an 2 effort to fill in the lacunae. The petitioner is not alleging any new facts and on the basis of existing facts he is adding grounds to his appeal memo. He is also adding proper prayers. Perusal of the appeal memo as filed clearly reveals that the same needed amendment. The ground of expiry of period of 10 years given by the School Tribunal by itself is not sufficient to deny such amendment. No prejudice is caused to respondent nos. 1 and 2 in the matter, as they get proper opportunity to meet the allegations. The impugned order dated 04.11.2009 passed by the School Tribunal on application for amendment is thus quashed and set aside. The application for amendment as moved by the petitioner is allowed. Necessary amendment in appeal memo be carried out by 04.10.2010. The School Tribunal shall thereafter permit the respondents before it to carry out appropriate consequential amendment, if any, and shall proceed further with the adjudication of the matter. Writ Petition is allowed. Rule is made absolute in the aforesaid terms, with no order as to costs. JUDGE Rgd.