WP/4162/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4162 OF 2010 Smt.Sulbha Hari Bonde ... Petitioner V/s. Vajreshwari Education Society & Ors. ... Respondents Mr.N.V. Bandiwadekar for Petitioner Mr.Mandar Limaye for Resp. Nos.1 & 2 Mr.S.N. Bhosale, AGP, for Respondent Nos.3 & 4 CORAM: SMT.NISHITA MHATRE, J. DATED: OCTOBER 1, 2010 P.C.: 1. Rule. Rule made returnable forthwith, by consent. 2. The petition has been filed to challenge the order of the School Tribunal which has dismissed the application for condoning delay filed by the petitioner. The Tribunal has found that there were no sufficient reasons mentioned by the petitioner in her application for condoning the delay. The Tribunal has also found that the petitioner had not mentioned the date on which she was terminated from service and therefore it was difficult to assess the exact delay. 3. An additional affidavit has been filed by the petitioner in this Court indicating that she had approached the Maharashtra State Commission for Women on 9.9.2008 prior to the date of her termination from service. This was because she had certain WP/4162/2010 : 2 : grievances with respect to payment of her salary. The Commission informed the Education Officer on 1.10.2008 about the grievance of the petitioner and also directed the petitioner to approach the Maharashtra State Legal Services Authority, High Court on 7.10.2008. It appears from the affidavit that the petitioner was shunted from one authority to the other. Letters are produced before me to demonstrate this. However, these letters were not on record before the Tribunal. In these circumstances, in my view, it would be appropriate to set aside the order of the School Tribunal and remand the matter for fresh hearing. 4. The impugned order of the School Tribunal is set aside. Miscellaneous Application No.5 of 2009 is remanded to the School Tribunal to hear it afresh. The parties are at liberty to file additional pleadings and documents in order to substantiate their case with respect to condoning the delay. The writ petition is disposed of accordingly. Rule made absolute. No costs. 5. The parties shall appear before the School Tribunal on 25th October, 2010.