-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5086 OF 2009 Smt. Shital Parshuram Patil ...Petitioner versus The State of Maharashtra and others ...Respondents Mr. Sagar Mane, instructed by Mr. N.V. Bandiwadekar, for the petitioner. Mrs. S.S. Bhende, AGP, for the State. Mr. N.R. Bubana for respondent No.6. CORAM: P.B. MAJMUDAR & R.M. SAVANT, JJ. DATE: JUNE 15, 2010. P.C. The name of the petitioner has been struck off from the muster rolls which has given cause for the petitioner to invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India. The petitioner, in our view, has an alternate efficacious remedy by way of an Appeal under Section 9 of the Maharashtra Employees of Private Schools Act, 1977. The removal of the name of the petitioner from the muster roll would, in our view, amount to “otherwise termination”. The learned counsel for the petitioner, therefore, seeks withdrawal of the petition to avail of the said remedy. The petition is accordingly dismissed as withdrawn. In the event the issue of limitation arises, the fact that the petitioner was prosecuting this petition in this Court would be -2- considered by the Tribunal and appropriate orders would be passed by the Tribunal on the application for condonation of delay, if any. P. B. MAJMUDAR, J. R.M. SAVANT, J.