bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 7479 OF 2006 PETITION NO. 7479 OF 2006 PETITION NO. 7479 OF 2006 The President, Shri Mangaldas Krida Va Shikshan Prasarak Mandal, Solapur and Shri Mangaldas Mukbadhir Apang (Asthivyanga) Marathi Niwasi Shala Hatturenagar, Solapur. ... Petitioner (Ori. Respondent No.1) v/s 1. Shri Ratilal Manik Dongare 2. District Social Welfare Officer. ... Respondents Mr.Amit Borkar i/by V.V.Purwant for the petitioner. Mr.D.W.Bhosle for the respondent No.1. Mr.A.P.Vanarase, A.G.P. for the respondent No.2. CORAM: CORAM: CORAM: S.A.BOBDE, J. S.A.BOBDE, J. S.A.BOBDE, J. DATED: DATED: DATED: 4TH FEBRUARY, 2009 4TH FEBRUARY, 2009 4TH FEBRUARY, 2009 P.C. P.C. P.C.: 1. Rule made returnable forthwith by consent of both parties. 2. The petitioner has challenged the impugned order of the Tribunal inter-alia on the ground that the Maharashtra Employees of Private Schools (Conditions of Service) Regulations Act, 1977, is not applicable to it. It is an admitted position that this question was not before the Tribunal. The learned A.G.P. points out 2 that the Tribunal had to proceed ex-parte against the petitioner as the petitioner did not appear before it. 3. Having regard to the circumstances of the case, it would be appropriate in the interest of justice to set aside the impugned order and remand the matter back to the School Tribunal for fresh decision in accordance with law. The Tribunal shall decide the matter on all points including the authority of the petitioner to represent Shri Mangaldas Krida Va Shikshan Prasarak Mandal, Solapur, and the jurisdiction of the Tribunal in respect of the petitioner’s school. The Tribunal shall decide the matter as expeditiously as possible. 4. Order accordingly. 5. All contentions of the parties are kept open. ( S.A.BOBDE, J. ) S.A.BOBDE, J. ) S.A.BOBDE, J. )