1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Civil Application No.8303/2008 in LPA St. No.16656/2008 in W.P.No.4764/2007 (V.D. Nimgaonkar .vs. The Education Officer (Sec) Z.P. Nagpur and ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= .......... CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATED : MARCH 18, 2009 Heard Mr. Anand Parchure, Advocate for the applicant, Mr. T.A. Mirza, Assistant Government Pleader for respondent no.1, Mr. A.D. Mohgaonkar, Advocate for respondent no.2 and Mr. S.I. Khan, Advocate for respondent no.3. None appears on behalf of respondent no.4 though served. By this application, the applicant seeks condonation of delay of 167 days in filing the LPA. The learned counsel appearing on behalf of respondents no.1 and 2 have stated that they have no objection if the delay is condoned. On behalf of respondent no.3 Mr. Khan submitted that LPA itself is not maintainable against the decision of 2 the Education Officer fixing seniority and appeal lies to the School Tribunal and as such writ petition before the learned Single Judge itself was not maintainable. In support of his submission, Mr. Khan, learned counsel for the respondent no.3 has placed reliance on the Full Bench decision in St. Ulai High School and another .vs. Devendraprasad Jagannath Singh reported in 2007 (1) Mh.L.J. 597. Having heard the learned counsel for the parties, we are of the considered opinion that the ratio laid down in St. Ulai High School's case cited supra is not applicable. In so far as the maintainability of the appeal is concerned, before the learned Single Judge no point was urged regarding the maintainability of the writ petition and, therefore, it would not be appropriate to decide the question of maintainability of the appeal at this stage. Having regard to the facts and circumstances of the case, the delay of 167 days in filing the appeal is condoned subject to the applicant paying costs of Rs.750/- to respondent no.3 within a period of two weeks. Application stands disposed of. JUDGE JUDGE halwai