Allowed

National Spiritual Assembly of Baha'Is of India, and Ors. v. Mr. Aniruddha Jotiram Karanjkar, and Ors.

Bombay HC10 Aug 2012WP/5005/2012

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay quashed an order of the School Tribunal, Kolhapur, which rejected a Head Mistress's written statement due to age and lack of appointment order. The Court held this denied the right to contest and directed the Tribunal to expedite the appeal within eight weeks. It was a writ petition disposed of at the admission stage.

What did the court decide?

The order of the School Tribunal was quashed and set aside; the Tribunal is directed to consider the written statement and dispose of the appeal preferably within eight weeks.

National Spiritual Assembly of Baha'Is of India, and… — Service and Employment | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 5005 OF 2012.

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National Spiritual Assembly of

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Baha'is of India and others.

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..Petitioners.

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vs.

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Mr.Aniruddha Jotiram Karanjkar and others.

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..Respondents.

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Mr. A.G. Kothari, for Petitioners.

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Mr. Aniruddha Jotiram Karanjkar, Respondent No.1, present. Mr. S.D. Rayrikar, AGP, for Respondent Nos. 2 to 4.

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CORAM :- ANOOP V. MOHTA, J. DATE :- 10TH AUGUST, 2012.

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P.C.

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Heard finally by consent at the admission stage.

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The petitioner, the original respondent no.2, Head Mistress of

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the New India High School has challenged the order dated 18th

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February 2012 passed by the Presiding Officer, School Tribunal,

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Kolhapur, which is as under :-

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" As it is submitted Ms. Mahbat is not HM or principal as her age is appear as 65 yrs and No order of her appointment is filed along with this W.S. hence it cannot be accepted. Accordingly rejected and matter shall be proceeded as No say for No.2."

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This Court, therefore, issued notice and granted stay of further proceedings.

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jmi 1/3

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Respondent no. 1 who is appellant in the matter appears in person. Mr. S.D. Rayrikar, AGP appears for other respondents.

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The order so passed is nothing but the denial of right to contest and/or to raise the defense before the School Tribunal. There is no question to reject the written statement in such a fashion, which ultimately cause great injustice and hardship to the parties one who wants to contest the matter. At this stage, there is no question of contesting on merits or de-merits of the matter and the contentions so raised by the parties. He wants to file written statement in the matter whether it is by Head Mistress or by the School. An equal opportunity needs to be given. Therefore, keeping all points open, without giving any expression on merits of the objections which the original petitioner / appellant wants to raise and the School Tribunal decided, without further delay, I am inclined to quash and set aside this order. The School Tribunal to consider the pursis (Exhibit-L) dated 18th February 2012 and annex written statement in accordance with law.

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I am inclined to pass this order at the admission stage by keeping all points upon as this would delay the main Appeal itself, if jmi 2/3

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opportunity is not granted at the earliest to all the parties. Any order if passed, by the Tribunal without giving opportunity to other side would ultimately cause further delay in finally deciding the issue. The urgency as contended by respondent no. 1 therefore, needs to be taken care of by an order to the School Tribunal to expedite the Appeal and to dispose of the Appeal, preferably within eight weeks. The written statement so filed be taken on record, so that the matter can be expedited accordingly. The Writ Petition is accordingly disposed of. All points are kept open.

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( ANOOP V. MOHTA, J. )

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jmi 3/3

National Spiritual Assembly of Baha'Is of India, and Ors. v. Mr. Aniruddha Jotiram Karanjkar, and Ors.

Case brief

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What did the court decide?

National Spiritual Assembly of Baha'Is of India, and Ors. v. Mr. Aniruddha Jotiram Karanjkar, and Ors.

Case brief

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What did the court decide?

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