1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7168 of 1998 Somabhai S. Patel C.7/14, Geetanjali Nagar, Near Sai Baba Temple S.V. Road, Borivali (W) Bombay 400 092 .. Petitioner -versus 1. Secretary, Bai Kabibai and Hansraj Morarji Charity Trust 26, Bora Bazar Street, Fort, Bombay 400 001. 2. Head Master, Bai Kabibai High School, 26, Bora Bazar street, Fort, Bombay 400 001. 3. M. G. Mapara, Hansraj Morarji Public School Munshi Nagar, Andheri (W) Bombay 400 058. Respondents Mr. Susheel Mahadeshwar, for the petitioner, None for the respondent Nos 1 to 3. Respondent No.4 formal party. CORAM: ANOOP V. MOHTA, J. DATED: 18th March, 2010 2 Judgment 1. The issue of common seniority was agitated before the Deputy Director of Education by the several representations.. That was also supported by the management. However, ultimately without granting any relief, the authority informed the petitioner on 29th December, 1995, to prefer an appeal. 2. Thereafter the petitioner preferred an appeal in February, 1996 within reasonable time. The Tribunal, however, by the impugned order dismissed the appeal on the ground of delay, but observed many things on merits. Having once dismissed the appeal on the ground of condonation of delay, the decision on merits as done in the present petition is not correct. The full opportunity needs to be given to the petitioner on merits by condoning the delay. The parties can not be compelled to face the situation whereby on both counts he is helpless to agitate the matter on merits. Therefore, in the interest of justice, I am inclined to grant this application so far as the condonation of delay is concerned. In my view sufficient case is made out as the same was filed within reasonable time. Therefore, there was no delay. The Tribunal to proceed to hear the appeal in accordance with law on merits. The impugned order dated 12th March, 1998 is accordingly quashed and set aside. All the points are kept open so far as merits of the matter are concerned with liberty to apply for 3 modification of order. No costs. ( ANOOP V. MOHTA, J.)