IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 5984 OF 2006 WRIT PETITION NO. 5984 OF 2006 WRIT PETITION NO. 5984 OF 2006 SHRI AVINASH SUDAM GOSVI ... PETITIONER. SHRI AVINASH SUDAM GOSVI ... PETITIONER. SHRI AVINASH SUDAM GOSVI ... PETITIONER. VS. VS. VS. SHIKSHAN PRASARAK MANDAL & ORS. ... RESPONDENTS. SHIKSHAN PRASARAK MANDAL & ORS. ... RESPONDENTS. SHIKSHAN PRASARAK MANDAL & ORS. ... RESPONDENTS. A.A.AGARWAL FOR THE PETITIONER. A.A.AGARWAL FOR THE PETITIONER. A.A.AGARWAL FOR THE PETITIONER. MR. SIDDHARTH CARPE I/B. Y.K.S.LAAL FOR THE RESPONDENT MR. SIDDHARTH CARPE I/B. Y.K.S.LAAL FOR THE RESPONDENT MR. SIDDHARTH CARPE I/B. Y.K.S.LAAL FOR THE RESPONDENT NO. 1 & 2. NO. 1 & 2. NO. 1 & 2. CORAM : A.P. DESHPANDE, J. CORAM : A.P. DESHPANDE, J. CORAM : A.P. DESHPANDE, J. DATE : January 18, 2007. DATE : January 18, 2007. DATE : January 18, 2007. P.C. P.C. P.C. 1. The present petitioner, was appointed as a 1. The present petitioner, was appointed as a 1. The present petitioner, was appointed as a peon in Shriram Viyalaya, which is administered by peon in Shriram Viyalaya, which is administered by peon in Shriram Viyalaya, which is administered by Respondent No.1 Shikshan Prasarak Mandal, Bhodani. The Respondent No.1 Shikshan Prasarak Mandal, Bhodani. The Respondent No.1 Shikshan Prasarak Mandal, Bhodani. The Petitioner had averred in the memo of the appeal that Petitioner had averred in the memo of the appeal that Petitioner had averred in the memo of the appeal that his initial date of appointment was some time in the his initial date of appointment was some time in the his initial date of appointment was some time in the year 1994 and prayed for amendment in the appeal memo. year 1994 and prayed for amendment in the appeal memo. year 1994 and prayed for amendment in the appeal memo. The respondent Management filed its written statement The respondent Management filed its written statement The respondent Management filed its written statement on 29th April, 2006. The petitioner claims to have on 29th April, 2006. The petitioner claims to have on 29th April, 2006. The petitioner claims to have realised the mistake and hence, moved an application realised the mistake and hence, moved an application realised the mistake and hence, moved an application for an amendment in the memo of an appeal. Rejection for an amendment in the memo of an appeal. Rejection for an amendment in the memo of an appeal. Rejection of the said application by the School Tribunal has of the said application by the School Tribunal has of the said application by the School Tribunal has given rise for filing of the instant writ petition. given rise for filing of the instant writ petition. given rise for filing of the instant writ petition. 2. In my view, at this stage, it is not necessary 2. In my view, at this stage, it is not necessary 2. In my view, at this stage, it is not necessary to entertain the present petition, however, the ends of to entertain the present petition, however, the ends of to entertain the present petition, however, the ends of justice would be met by granting liberty to the justice would be met by granting liberty to the justice would be met by granting liberty to the petitioner to raise all the grounds which are raised by petitioner to raise all the grounds which are raised by petitioner to raise all the grounds which are raised by the petitioner in the present writ petition,if and in the petitioner in the present writ petition,if and in the petitioner in the present writ petition,if and in case, the final order of the School Tribunal goes case, the final order of the School Tribunal goes case, the final order of the School Tribunal goes against the Petitioner and the Petitioner is constraint against the Petitioner and the Petitioner is constraint against the Petitioner and the Petitioner is constraint to file the writ petition. to file the writ petition. to file the writ petition. 3. Writ petition is thus summarily dismissed with 3. Writ petition is thus summarily dismissed with 3. Writ petition is thus summarily dismissed with liberty as aforesaid keeping all the contentions open liberty as aforesaid keeping all the contentions open liberty as aforesaid keeping all the contentions open to both the parties. to both the parties. to both the parties. ..... ..... ..... [A.P.Deshpande, J.] [A.P.Deshpande, J.] [A.P.Deshpande, J.]