1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2137 of 2010 ( Jai Bharat Shikshan Sanstha and anr. vs. Diwakar Hanmantrao Gudadhe) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr.Anjan De, Adv. for petitioners. Mr.H.A.Deshpande, Adv. for Resp. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 09, 2010. Heard the learned Counsel for the respective parties finally. After hearing the respective Counsel, I find that the Appeal No.STC-124/98 filed by the respondent before the School Tribunal is still pending and only preliminary issue regarding validity or otherwise of appointment of respondent has been decided. After hearing the respective Counsel, I find that though the petitioner raised a specific stand and contended that appointment of respondent was from year to year basis, it produced only appointment orders, Roster and other documents to support such appointment were not produced. Mr.Deshpande, Adv. contends that the burden to prove all these facts was on the petitioner/Management. Some documents are filed as annexures along with the Writ Petition before this Court. In this situation, it will be in the interest of justice to permit the 2 petitioner to produce necessary documents on the record of School Tribunal. However, the same shall be subject to payment of costs by petitioner to respondent. Mr.H.A.Deshpande, Adv. states that the respondent should also be permitted to amend his pleadings appropriately . Mr. De, Adv. has no objection. In this situation, the impugned order dt. 12.11.2009 is quashed and set aside. Same shall be subject to payment of costs of Rs.3,000/- by the petitioner to the respondent by 15 th September, 2010. The respondent is at liberty to carry out necessary amendment to the appeal memo in accordance with law. The petitioner/Management is at liberty to produce the documents, as advised, before the School Tribunal. After the documents are produced and procedure for amendment is over, the School Tribunal shall proceed to pass preliminary order in accordance with law. The orders should be passed as early as possible and in any case, by 30.11.2010. Rule accordingly. JUDGE jais