Bhartiya Gyanvardhini Sabha And ANR. v. State Of Maharashtra And ORS.

903 wp.8472.06.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8472 OF 2006 Bhartiya Gyanvardhini Sabha & Anr.

.. Petitioners Vs.

State of Maharashtra & Ors.

.. Respondents Mr. V.K. Bodhare for the Petitioners.

Mr. Sachin S. Punde for Respondent No.3.

CORAM : A.A. SAYED, J.

DATED : 30 APRIL 2015.

P.C.

Learned Counsel for Respondent No.3 does not dispute that the School Tribunal which passed the impugned order would have no jurisdiction to entertain and try the Appeal in view of the judgment of the Learned Single Judge of this Court in Writ Petition No.7302 of 2006 (Ravindra Motiram Firake v/s. Janata Shikshan Mandal & Ors.). In the circumstances, the impugned order will have to be set aside and is accordingly set aside. The Respondent No.3 is granted liberty to file appropriate proceedings challenging his termination. If such proceedings are filed, the Authority/Court/Tribunal shall endeavour to dispose of the said proceeding expeditiously, in view of the fact that the termination was of the year 2005.

The Petition is disposed of the aforesaid terms. (A.A. SAYED, J.) Waghmare 1/1