Shriram Prabhatrao Netne v. The State Of Maharashtra And Others

25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 CIVIL APPLICATION NO. 13812 OF 2016 IN WP/3644/2011 WITH WRIT PETITION NO. 3644 OF 2011 NETNE SHRIRAM PARBHATRAO

VERSUS

THE STATE OF MAH AND ORS ...

Advocate for Petitioner : Mr. U. R. Awate i/by Talekar And Associates AGP for Respondents State: Mr. R. B. Bagul Advocate for Respondent No.5 : Mr. Sachin Deshmukh

CORAM

: S. V. GANGAPURWALA & K. L. WADANE, JJ.

DATE :

11th January, 2017 ORDER:

1.

Mr. Awate, the learned counsel for the petitioner states that the respondents have filed affidavit saying that the petitioner is orally terminated after filing of the present writ petition. As such, the amendment is sought challenging the order of oral termination. The learned counsel appearing for the respondents opposes the amendment on the ground that the remedy to challenge the oral termination is with the School Tribunal.

2.

Jurisdiction always vests with the school Tribunal to consider challenge to the termination. Considering the same, the said request cannot be 1/2

25.odt considered in the present petition. The petitioner is at liberty to assail the order of termination before the appropriate authority/Tribunal. In that regard all contentions of the respective parties are kept open. With this observation, Civil application is disposed of. No costs.

3.

Place the Writ petition on 25.01.2017 at the request of respondent No.5 (K. L. WADANE, J.) (S. V. GANGAPURWALA, J. ) JPC 2/2