vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION WRIT PETITION WRIT PETITION NO.4197 OF 2005 NO.4197 OF 2005 NO.4197 OF 2005 New Education Society ... Petitioner V/s. Sarita Mukund Kelkar ... Respondent Mr.K.S. Bapat for Petitioner Mr.A.M. Joshi for Respondent CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: OCTOBER 7, 2005 OCTOBER 7, 2005 OCTOBER 7, 2005 P.C.: P.C.: P.C.: . The Petitioner has challenged the judgment and order dated 11.3.2005 in appeal No.21 of 2004 before the School Tribunal. The grounds raised in the Petition is that this order has been passed without considering the Petitioner’s reply which was filed after the ad-interim order was passed. Reliance is placed on the judgment in the case of Maharashtra Shikshan Sanstha v/s. Education Officer, Nagpur, 1995 II CLR 62 1995 II CLR 62 1995 II CLR 62 to urge that the Tribunal has not considered the observations of this Court while passing orders for interim relief. 2. Heard advocates. A perusal of the impugned order indicates that the School Tribunal has not considered whether Respondent No.1 has been able to make : 2 : out a prima facie case for grant of interim relief after the Petitioner had filed its affidavit. There is no discussion about the pleadings at all in this order and therefore, it is required to be set aside. 3. The learned Advocate appearing for Respondent No.1 states that the appeal has already been fixed before the School Tribunal on 13.10.2005. In this view of the matter, the School Tribunal is directed to hear and dispose off the appeal within 6 weeks from today. In the event an order adverse to the Petitioner is passed by the School Tribunal, the same need not be implemented for a further period of two weeks. 4. Writ Petition is disposed off in the above terms.