1 Writ Petition No. 503 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.503 Of 2010 * Jagdamba Shikshan Prasarak Mandal's Jaibhawani Junior College of Education, Gadhi, Through its Principal, Rajendra S/o Vithalrao Deshmukh, Age 57 years, Occupation : Service, R/o Gadhi, Taluka Georai, District Beed. .. Petitioner. Versus 1) The State of Maharashtra, Through Secretary, Education Department, Mantralaya, Mumbai. 2) The Regional Director, National Council for Teacher Education, Western Regional Committee, Manas Bhavan, Shyamala Hills, Bhopal 462002 Madhya Pradesh. 3) The National Council for Teacher Education, Through Director/Secretary, Wing-II, Hans Bhawan, Bahadur Shah Jafar Marg, New Delhi 110 002. .. Respondents. -------- 2 Writ Petition No. 503 of 2010 Shri. D.J. Choudhari, Advocate for petitioner. Shri. B.V. Wagh, Assistant Government Pleader, for respondent No.1. Shri. S.S. Bora, Advocate, for respondent Nos.2 and 3. -------- CORAM: NARESH H PATIL & S.V. GANGAPURWALA, JJ. DATE: 17th JANUARY 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 24-6-2009 passed by the National Council for Teacher Eduction in appeal thereby dismissing the same on the ground that there is delay of 1 month 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 invaluable rights of the petitioner. 3 Writ Petition No. 503 of 2010 4) Shri. Bora learned counsel appearing for the respondent Nos.2 and 3 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. 11,000/-. 4 Writ Petition No. 503 of 2010 7) In the result, the writ petition is allowed. Delay is condoned on payment cost of Rs.11,000/- (Rupees Eleven 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. Sd/- Sd/- (S.V. GANGAPURWALA, J.) (NARESH H PATIL, J.) rsl