1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3816 of 2010 Shri Balkrishna Vaman Zambare ...Petitioners Versus The State of Maharashtra & Others ...Respondents Mr. Hribhau Deshinge for Petitioners. Mr.C.R.Sonawane for the Respondent Nos.1 and 2 Mr.R.S.Alange for the Respondent No.3 Mr. Shekhar Ingawale for the Respondent No.4 Mr.Sharad Suryawanshi for the Respondent No.3 CORAM:- A.M.KHANWILKAR & R.Y.GANOO, JJ. DATED:- 22nd JULY, 2011. P.C. 1. It appears that there are two rival factions in the management (Respondent No.3). Both claim to be the real management. One faction is represented by Advocate Mr. Alange. He informs that the respondent no.4 has been removed from service and he in turn has challenged that decision before the School Tribunal, which appeal is pending. Whereas, Advocate Mr.Sharad Suryawanshi, appearing for 2 the other faction of management, respondent no.3, claims that the respondent no.4 has not been removed from service. 2. Be that as it may, the challenge in the present petition is to the appointment of respondent no.4. However, the said respondent no.4 has been served with Order of removal and thereafter has filed appeal before the School Tribunal. So long as the said appeal is not finally decided, the order of removal against the respondent no.4 would operate. 3. Considering the fact that the respondent no.4 has filed appeal before the School Tribunal, he has resiled to the position that his service has been terminated by the management. On that assumption, the Counsel for the petitioner submits that the relief as claimed in this petition is worked out., subject to the outcome of the appeal before the School Tribunal. In other words, if the respondent no.4 succeeds in the appeal proceeding, it would be open to the petitioner to revive his challenge to the appointment of respondent no.4, which challenge can be considered on its own merits in appropriate proceedings. 3 4. For the time being, the petitioner prays leave to withdraw this petition with liberty as aforesaid. We have no difficulty in acceding to this request. At the same time, we make it clear that in case any fresh vacancy is to filled up by the respondent no.3 Management, the petitioner may be considered along with other eligible candidates subject to his eligibility. 5. Ordered accordingly. (R.Y.GANOO, J.) (A.M.KHANWILKAR, J.)