[2025:RJ-JP:10058] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2332/2025 Gopalakrishna Pillai S/o Madhavan Pillai, Aged About 72 Years, R/o 361, Devi Nagar, New Sanganer Road, Jaipur. ----Petitioner Versus 1. India International School, Through Its Director Dr. Ashok Gupta, S.F.S., Mansarovar, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. ----Respondents For Petitioner(s) : Mr. Devkrishna Purohit Mr. Chitransh Mathur For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 06/03/2025 1. The instant writ petition has been preferred by the petitioner against the order dated 19.11.2024 passed by the Rajasthan Non- Government Educational Institutions Tribunal, Jaipur by which the appeal preferred by the petitioner has been dismissed being barred by limitation. 2. Counsel for the petitioner submits that an appeal under Section 19 of the Rajasthan Non-Government Educational Institutions Act, 1989 (for short, ‘the Act of 1989’) was submitted by the petitioner against the impugned order dated 13.11.2003 regarding acceptance of his resignation. Counsel submits that there was a delay of 79 days in filing the appeal as the mother of the petitioner was suffering from several ailments and she was residing at Kerala, hence, the petitioner went to Kerala to take [2025:RJ-JP:10058] (2 of 3) [CW-2332/2025] care of his mother on 04.02.2004 and he returned back to Jaipur on 28.04.2004. Counsel submits that these facts were narrated in the application filed under Section 5 of the Limitation Act seeking condonation of delay in filing the appeal. Counsel submits that the reasons of delay were not considered by the Tribunal and the appeal filed by the petitioner in the year 2004 has now been rejected after two decades on the ground of delay vide impugned order dated 19.11.2024, hence under these circumstances, interference of this Court is warranted. 3. Heard and considered the submissions made at Bar and perused the material available on record. 4. Perusal of the record indicates that along with appeal filed under Section 19 of the Act of 1989, an application under Section 5 of the Limitation Act was submitted by the petitioner for explaining the reason of delay stating that he went to Kerala to take care of his mother and after returning back, he filed an application and the reasons of delay has been well explained by the petitioner in the application under Section 5 of the Limitation Act. The reasons were not taken into account and the appeal has been dismissed by the Tribunal after two years of its filing. 5. In view of the above, the impugned order dated 19.11.2024 passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur stands quashed and set aside and the matter is remitted to the Tribunal for deciding the same on its merit, after affording due opportunity of hearing to all the respective parties, ignoring the period of limitation, preferably within a period of one year from the date of receipt of the certified copy of this order. [2025:RJ-JP:10058] (3 of 3) [CW-2332/2025] 6. The petitioner is directed to appear before the Tribunal on 28.03.2025. 7. Since, this order has been passed ex-parte and the respondents are not aware about the passing of this order, it is expected from the Tribunal to issue fresh notice to the respondents and decide the matter afresh on its merit. 8. The writ petition stands disposed of, accordingly. 9. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/17