The High Court of Judicature at Bombay dismissed a writ petition challenging a School Tribunal order due to a 12-year delay. The court held that such a period is not a reasonable time to invoke writ jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
16-wp5308-2024.doc
VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5308 OF 2024
VAIBHAV RAMESH JADHAV Digitally signed byVAIBHAV RAMESHJADHAV Date: 2024.04.1814:14:50 +0530
Prakash Ramchandra Kamble … Petitioner V/s. The President/The Secretary Shikshan Prasarak Mandali & Ors. … Respondents
Mr. Deepak A. Sathe for the petitioner.
Ms. Meena H. Doshi for respondent Nos.1 and 2.
Mr. Yogesh Jadhav with Mr. Jitendra Pathade for respondent No.3.
Mr. J. P. Patil, AGP for the State/respondent Nos.4 to 8.
CORAM : AMIT BORKAR, J.
DATED : APRIL 18, 2024
P.C.:
1
16-wp5308-2024.doc
limitation provided for invoking constitutional jurisdiction, it is well settled that the person approaching the writ Court must approach the Court within reasonable period. Period of 12 years in the facts and circumstances of the present case, when the issue is in relation to seniority cannot be termed as reasonable period for condonation of laches in filing the writ petition. Hence, the writ petition cannot be entertained.
(AMIT BORKAR, J.)
2
1 issue framed by the court
Whether a 12-year delay in filing the writ petition regarding a seniority dispute constitutes reasonable laches to invoke the court's constitutional jurisdiction.
Vaibhav Ramesh Jadhav
The President/The Secretary Shikshan Prasarak Mandali & Ors.
Amit Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
