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2001 DIGILAW 329 (SC)

Tahura Sultana v. State of Maharashtra

2001-02-09

A.S.ANAND, BRIJESH KUMAR, R.C.LAHOTI

body2001
ORDER : A.S.ANAND, CJI. Leave granted. Appellant, who had joined the MBBS course in the first year claims to be 'Tadvi' by caste from Muslim community. The caste committee, however, found that she did not belong to that caste. A Writ Petition filed by the appellant failed and the Letters Patent Appeal also met the same fate. A special leave petition was filed in this Court, being SLP(C) No.3819 of 2000. On 13th March, 2000, when the SLP came up for hearing, the following order was made : "Learned counsel submits that there is an error of record and the petitioner is advised to move the High Court in review petition and seeks to withdraw the special leave petition. We record the statement of the learned counsel and dismiss the special leave petition as withdrawn." 2. The appellant, thereafter, filed a review petition in the High Court and in the meantime, 90 days had elapsed. The appellant claimed benefit of Section 14 of the Limitation Act for seeking condonation of delay by urging that the appellant had first filed the Letters Patent Appeal and then a special leave petition and the period spent in pursuing those remedies may be excluded. The High Court, by the impugned order, declined to condone the delay holding that benefit of Section 14 of the Limitation Act could not be made available to the appellant. Aggrieved, the appellant is before us. 3. We have heard learned counsel for the parties. In the peculiar facts and circumstances of this case when the appellant wanted to point out allegedly an error apparent on the face of record of the case before the High Court, it would have been appropriate for the High Court to condone the delay in filing the review petition and heard and disposed of the same on merits. We have perused the application filed by the appellant in the High Court seeking condonation of delay in filing the review petition and it appears to us that a case for condonation of delay, in the peculiar facts of the case, had been made out and the High Court ought to have condoned the delay and heard the review petition on merits. 4. We find that it is not possible to sustain the impugned order of the High Court. This appeal, consequently, succeeds and is allowed. 4. We find that it is not possible to sustain the impugned order of the High Court. This appeal, consequently, succeeds and is allowed. The order of the High Court dated 20th July, 2000 is set aside. The delay in filing review petition before the High Court is condoned. The review petition is remanded to the High Court for its fresh disposal in accordance with law. We request the High Court to dispose of the review petition expeditiously. We, however, clarify that nothing said hereinabove shall be construed as any expression of opinion on the merits of the review petition, which shall be decided on its own facts and merits. No costs.