Barshi Education Society And ANR. v. The State Of Maharashtra Through The Secretary, School Edu. Dept. And ORS.

1 of 2 DB.04.CAW.1833.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4075 OF 2016 WITH CIVIL APPLICATION NO.1833 OF 2016 Barshi Education Society and another Petitioners versus The State of Maharashtra and others Respondents Mr.N.V.Bandiwadekar for Petitioners.

Mr.S.C.Kudale for Respondent no.5/for Applicant in CA No.1833/2916.

Mr.Vijay Killedar for Respondent no.3.

Mrs.R.M.Shinde, AGP, for Respondents 1 and 2. CORAM : SHANTANU S. KEMKAR AND PRAKASH D. NAIK, JJ.

DATE :

23rd January 2017 PC :

Heard learned counsel for parties at length.

2.

During the course of hearing, learned counsel for Respondent no.5 in writ petition/ Applicant in Civil Application stated that in view of the objection raised by the Petitioners, Respondent no.5 may be permitted to approach School Tribunal for redressal of his grievances against termination order. He submits that since the matter was pending before this Court, the fifth Respondent did not approach the School Tribunal for redressal of his grievances and as such the time to approach the Tribunal be extended.

2 of 2 DB.04.CAW.1833.2016 3.

Keeping in view aforesaid prayer, we are inclined to dispose of this petition with liberty to Respondent no.5 to approach School Tribunal for redressal of his grievances. If he approaches the School Tribunal within four weeks from today by filing an appeal, the School Tribunal shall not dismiss the appeal on the ground of limitation and shall hear and decide the same on merits. All contentions are kept open.

4.

With the above observations, the petition is allowed by quashing the order impugned in the writ petition. In view of disposal of writ petition itself, civil application does not survive and stands disposed of as such.

(PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.) MST