1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 577/2008 (Devendra Baijnath Tiwari VERSUS The State of Mah. & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Rohit Deo, counsel for the petitioner. Mrs. T.D. Khade, counsel for the R-4. Shri A.C. Dharmadhikari, counsel for the R-6. CORAM : SMT. VASANTI A. NAIK, J. DATE : DECEMBER 18, 2008. Shri Rohit Deo, the learned counsel for the petitioner, states that an appeal is preferred by the petitioner to the School Tribunal under Section 9 of the Maharashtra Employees of Private Schools Act, 1977 challenging the termination order and the issue, as to whether the appointment of the petitioner is in consonance of the provisions of Section 5 of the Act of 1977, is an issue therein. The learned counsel for the petitioner states that the issue involved in this petition pertaining to the grant or refusal of the approval to the appointment of the petitioner as also whether the petitioner was 2 qualified to hold the post of the Assistant Teacher, can be gone into by the School Tribunal. According to the learned counsel for the petitioner, the issue involved in the instant petition can be decided only on permitting the parties to record the evidence and the petitioner is inclined to withdraw this petition, with a view to get these questions decided from the School Tribunal, where the appeal filed by the petitioner is pending. Shri A.C. Dharmadhikari, the learned counsel for the respondent-Management, disputes that the Tribunal has jurisdiction to decide the issue and states that the respondent would raise the objection at the appropriate stage. The petitioner is permitted to withdraw this writ petition. In case, the issues involved in this writ petition are in issue before the School Tribunal, the School Tribunal should decide the same in 3 accordance with law after considering the objections raised on behalf of the respondents but without being influenced by the order passed by the Education Officer, Zilla Parishad, Nagpur on 29.01.2008. The writ petition is disposed of as withdrawn. JUDGE APTE