1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.5793 of 2010 (Murlidhar s/o Gokuldas Khadse v. Nav Nirman Shikshan Sanstha, Rajurwadi, through its Secretary, Rajurwadi, Tah. Morshi, District Amravati, and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri A.S. Kilor, Advocate for Petitioner. Shri M.A. Vaishnav, Advocate for Respondent Nos.1 and 2. Smt. M.H. Deshmukh, AGP for Respondent No.3. Coram : R.K. Deshpande, J. Dated : 29 th August, 2011 1. This petition challenges the judgment and order dated 7-10-2008 passed by the School Tribunal, Amravati, dismissing Appeal No.34 of 2008 filed by the petitioner under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 challenging his termination from service by an order dated 31-8-2007. 2. The preliminary objection has been raised about the delay and laches in filing the present petition. Shri Vaishnav, the learned counsel appearing for the respondent Nos.1 and 2, has urged that the judgment and order impugned was passed on 7-10-2008, whereas the present petition has been preferred on 24-11-2010, that is after a lapse of more than two years' period. 2 Hence, on that count, the petition is liable to be dismissed. 3. Shri Kilor, the learned counsel appearing for the petitioner, has invited my attention to paras 27 and 28 of the petition, which are reproduced below : “27. The delay in filing the present petition was because of shock due to dismissal of appeal and losing only source of income which could not sustain by the petitioner and at the same time, the petitioner was also mentally disturbed because of Court cases and health of his father and mother. The parents of the petitioner were continuously taking treatment during the said period. True copy of the medical certificate of t he father of the petitioner is annexed herewith as ANNEXURE NO.10. All the medical papers in respect of the treatment of mother and father of the petitioner is available with the petitioner and the petitioner is ready to produce at any time if this Hon'ble Court directs so to the petitioner.” “28. That because of the above stated genuine difficulties of the petitioner, the petitioner could not take immediate steps in the matter to file the present writ petition rather the petitioner was not in a mental condition because of various reasons including the mental shock, financial condition and continuous illness of the parents of the petitioner to whom the petitioner is required to look after. Hence, said delay is bona fide and not intentional.” 3 He has further pointed out the medical reports in support of the claim of the petitioner that his father and mother were under the treatment during the entire period. Hence it is his submission that the explanation has been furnished in respect of the delay caused in preferring the petition. 4. Perusal of the reasons stated in paras 27 and 28 of the petition, reproduced above, shows the usual reasons and difficulties, which are normal in nature, and there is no other explanation putforth for delay and laches. The petition is, therefore, liable to be dismissed on this sole ground. 5. Hence, the petition is dismissed. Judge pdl