1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2819 OF 2010 (Hemant s/o Wasudeo Behekar vs. Rashtriya Shikshan Sanstha through President) 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. JUNE 23, 2010. Heard Shri Dixit, learned counsel for the petitioner. The School Tribunal has allowed the amendment to written statement moved by the respondent. By said amendment, the respondent (management) is pointing out as to how present petitioner along with his father have interpolated with records. The School Tribunal has found the amendment necessary and has allowed it. The petitioner is placing reliance upon the judgment of the Hon'ble Apex Court in the case of Vidyabai vs. Padmalatha, reported at AIR 2009 SC 1433, to urge that such belated amendment without recording express finding as to its relevance could not have been allowed. It is settled position that the validity and legality of the appointment in School is to be decided as preliminary issue by the School Tribunal. The amendment as permitted is only to point out that the appointment is not legal. I, therefore, find that the 2 above judgment of the Hon'ble Apex Court is not applicable to the facts of present case. Writ Petition is, therefore, rejected. However, there shall be no order as to costs. JUDGE *GS.