The court emphasized that procedural dismissals should not impede justice, allowing reconsideration of the merits in the original application.

ORDER

Heard learned Senior Counsel for the petitioner.

2. The petitioner is aggrieved by the fact that the Writ Petition filed by her against the judgment dated 19.10.2007 passed by the learned School Tribunal, Pune in Appeal No.49 of 1992 was dismissed on the ground of delay and laches, which is incorrect. It was submitted that initially a common Writ Petition was filed being Writ Petition No.2759 of 2008 in which the cancellation of Caste Certificate of the father of the petitioner was also challenged and in the said Writ Petition one of the reliefs was also against the judgment dated 19.10.2007 passed by the learned School Tribunal, Pune in Appeal No.49 of 1992. However, the relief qua the petitioner was permitted to be withdrawn by order dated 10.07.2008. It was submitted that the same was done taking into confidence the Court that the petitioner would seek separate remedy as it was a different cause of action before an appropriate forum, including filing of a writ petition. However, he fairly admits that specific permission to maintain such proceedings has not been granted, but further submits that in the larger interest of justice, the Court may restore the other reliefs, which stood deleted, in the pending Writ Petition No. 2759 of 2008.

3. Having considered the matter, we find that the petitioner may have a case with regard to the merits of his case being considered by the Court. This is also indicated in the impugned order at paragraph no.11 where it is said that the petition was dismissed solely on the ground of delay without any comment on the merits. Accordingly, to balance the equities, we restore the original Writ Petition No. 2759 of 2008 in its entirety, meaning thereby that all the reliefs claimed for in the said writ petition will be gone into by the Court on merits.

4. The Special Leave Petition stands disposed of in the aforesaid terms.

5. Pending application(s), if any, shall stand disposed of.