1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 279/2010. Ramkanwar Shikshan Sanstha and another -: versus :- Education Officer [Sec.] Z.P and another. WRIT PETITION NO. 496/2010. Ramkanwar Shikshan Sanstha and another -: versus :- Education Officer [Sec.] Z.P and another. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 27, 2010. Heard Shri S.K. Pardhy, learned counsel for petitioner, learned A.G.P. for respondent no.1 and Shri P.P. Thakare, learned counsel for respondent no.2. Contention of respondent no.2 in appeal memo before the School Tribunal is that he has been appointed in high school. Management contended that he has been appointed in primary school classes of which were not recognized. The School Tribunal while deciding the preliminary issue in the light of the judgment of this Court in the case of Anna Manikrao Pethe .vrs. Presiding Officer School Tribunal, Amravati and others (1997 [3] Mh.L.J. 697) has held the appeal to be maintainable as according to it, management cannot be permitted to take advantage of its own wrong, but then this exercise is without deciding 2 whether respondent no.2 was appointed in high school or in primary school. Infact in paragraph no.15 of its judgment, this issue is specifically kept open by the School Tribunal. In this situation, the respective counsel for contesting parties agree that the question whether respondent no.2 is appointed in high school or in primary school should be allowed to be considered by the School Tribunal, while deciding the appeal on merits along with the legality and validity of that appointment. Learned A.G.P. is pointing out that the primary classes in the school started by the petitioner were not approved. It is not necessary for this Court to look into this contention at this stage. It is therefore, made clear that as consented to by the parties, the question of legality and validity of the appointment of respondent no.2 and the question whether that appointment is in high school or in primary school is kept open for consideration by the School Tribunal while deciding the appeal on merits. With this clarification and directions to School Tribunal to decide the appeal, accordingly Writ Petition is disposed of , with no order as to costs. JUDGE Rgd.