1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8537 of 2009 Ansari Ejaj Ahmed Mohammed Farooque Petitioner -versus The Secretary Anjuman Tarraqui-e-Talim and ors .. Respondents Mr. N. R. Bubna, for the petitioner, Mr. Anilkumar Patil for respondent No.1 Mr. H.D. Rayarikar, AGP for the respondent Nos 3 & 4. CORAM: ANOOP V. MOHTA, J. DATED: 18th March, 2010 P.C. 1. Rule returnable forthwith. Heard finally. 2. The petitioner’s application for condonation of delay in filing the appeal under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, l977 (for short called as “MEPS Act”, was dismissed by the impugned order by observing that there is no sufficient material on record. 3. The cause of action in filing the present petition arose on l.7.2007. The petitioner was pursuing remedy by filing Writ petition No.7381 of 2008, which was dismissed on 14.1.2009. Against the order passed by Single Judge, the applicant preferred 2 Letters Patent Appeal No.4362 of 2009 before this Court, which came to be dismissed on 26.3.2009; observing that the remedy of appeal against the order of supersession is under section 9 of the MEPS Act. The petitioner thereafter filed appeal and in filing the same 36 days delay caused, from the date of dismissal of the Letters Patent Appeal. 4. In Secretary, Shiora Education Society -vs- Presiding Officer, School Tribunal & ors, 1999 (Supp), Bom. C.R. 109, while interpreting the relevant provision of the MEPS act, it is observed that appeal is not governed by requirement to file it within 30 days as provided in section 9 (2) of the MEPS Act. The appeal as mentioned has been filed within reasonable time. 5. Even otherwise considering the averments made and in the interests of justice, I am inclined to grant this petition and as sufficient cause is made out and as basically in view of above undisputed position on the record. Resultantly the petition is allowed in terms of prayer clause (c). However, this is subject to costs of Rs.l,000/- to be paid to respondents directly within two weeks. ( ANOOP V. MOHTA, J.)