(1.) Rule. Rule is made returnable forthwith. By consent of learned Counsel for the parties, the matter is taken up for final hearing at the stage of admission. By the present Petition filed by the petitioner herein under Articles 226 and 227 of the Constitution of India, the petitioner prayed for appropriate writ to set aside the order dated 14.11.2008 passed by the learned Presiding Officer, School Tribunal, Aurangabad in Appeal No.4/2007 on delay condonation petition, requesting to condone the delay of 53 days caused to prefer appeal no.4/2007 and to direct the School Tribunal to hear and decide the appeal in accordance with provisions of law.
(2.) According to the petitioner, he possesses the qualification of B.Sc. B.P.Ed. and he was appointed on the post of Physical Instructor/Teacher with the respondent nos.1 and 2 School on 12.06.1995. His appointment was approved by the Education Officer, Zilla Parishad, Aurangabad vide letter dated 14/18.12.1999 Exhibit P1 (Page No.24). However, it is the contention of the petitioner that his services were terminated orally w.e.f. 06.11.2006, hence he filed the complaint before the Competent Authority in that respect on 21.12.2006 Exhibit P3 (Page 26). However, since the competent authority did not take any positive action, the petitioner approached to the learned School Tribunal, Aurangabad by filing appeal under section 9 of the Maharashtra Employees of Private School (Conditions of Service) Regulation Act, 1977 on 29th Jan., 2007 i.e. after delay of 53 days. Accordingly it is the contention of the petitioner that since there was delay of 53 days in filing the said appeal, he preferred application for condonation of delay of 53 days along with the said appeal.
(3.) The respondent no.2 appeared in the matter and filed his say and opposed the application.