1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6801 OF 2011. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.S.R.Kolhare, advocate for the petitioner. CORAM : S.V.GANGAPURWALA,J. Date : 12.09.2011. PER COURT : 1. Heard. 2. The present Respondent had filed an appeal before the School Tribunal against the alleged oral termination. There was a delay in filing the appeal. The Tribunal condoned the delay of 11 months and 28 days in filing the appeal. Aggrieved thereby, the petitioner has filed the present petition. 3. Mr.Kolhare, learned counsel for the petitioner submits that in the application, no explanation has been given for the alleged delay. Even the grounds that is stated that he had approached the Education Department and thereafter had tried to settle the matter through mediator is false and frivolous. There are no documents 2 showing that any complaint is made before the Education Officer nor any such effort was made. The delay could not have been condoned on such frivolous ground. According to the learned counsel, the appeal is based on false and fabricated documents. 4. The Tribunal has exercised the discretion in condoning the delay. The Tribunal has come to the conclusion that it would be appropriate to decide the appeal on merits. The falsity of the documents as alleged by the petitioner can be gone into at the time of determination of the appeal. The Respondent has stated the ground that he had made complaint to the Education Officer and also made efforts through mediator with the Respondent i.e. the present petitioner and because of that the time was lapsed. 5. Be that as it may, the discretion exercised by the Tribunal can not be said to be perverse. The delay has been condoned. In such circumstances, I am not inclined to entertain the petition in its jurisdiction under Article 227 of the Constitution of India. 6. The Writ Petition is accordingly dismissed. No costs. (S.V.GANGAPURWALA,J.) Dt.12.09.2011. asp/office/wp6801.11 3