1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1328 OF 2010 Marathwada Sarvajanik Shikshan Prasarak Mandal, Chatori, Tq. Palam, Dist. Parbhani and another ....Petitioners. Versus Kalyan s/o. Narayanrao Khirde, R/o. Chatori, Tq. Palam, Dist. Parbhani and others. ....Respondents. Shri. R.J. Godbole, Advocate for the petitioners. CORAM : R.M. BORDE, J. DATE : 8th April, 2010 PER COURT : 1. An application presented by the employee to the School Tribunal, requesting for condonation of the delay of about 8 months in tendering appeal, has been considered favourably and the appeal has been accepted after condoning the delay by the deciding authority. The order passed by the Presiding Officer, School Tribunal, allowing the application, seeking condonation of delay presented by the respondent teacher is the subject matter of challenge in this writ petition. 2. As the School Tribunal has exercised discretion and taken up the 2 appeal for consideration by condoning the delay caused in approaching the School Tribunal, in exercise of powers conferred on this Court under Article 227 of the Constitution of India, no interference is called for. 3. A grievance is made that the Presiding Officer of the School Tribunal has made comments touching the merits of the controversy involved in the matter. The observations made by the presiding Officer, School Tribunal while dealing with the application, seeking condonation of delay, shall not be taken into account by the appellate authority while dealing with the matter on its own merits. Petition stands rejected. [ R.M. BORDE, J. ] ssc/wp1328.10