: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7610 OF 2009 The Poona Jesuit Schools’ Societies St. Xavier Primary English Medium School. ... Petitioner Vs 1. The State of Maharashtra & 3 ors. ... Respondents Mr. C.K. Thomas i/b M/s. C.K. Thomas & Associates for the petitioner. Mrs. Jyoti Pawar, Addl.GP, for the respondents No.1 and 4. Mr. Tanaji Mahatagude for the respondent No.2. CORAM: S.B. MHASE & R.M. SAVANT, JJ. DATED : 7TH SEPTEMBER, 2009. P.C.: 1. The recognition of the Primary School of the petitioner has been withdrawn by the Administrative Officer, Primary Education Board, Municipal Corporation, Kolhapur by order dated 18th August, 2009. Against the said order, the petitioner has preferred an Appeal. The said Appeal is pending before the Deputy Director of Education. : 2 : 2. Under the above circumstances, we find that the same order is being challenged by filing this Petition on the ground of malafides. Malafides can also be considered by the Appellate Authority. We, therefore, refrain ourselves from entertaining the Writ Petition. We only make it clear that we have not considered the case of the petitioner on merits. The Appellate Authority shall consider all points raised by the petitioner in this Petition. 3. With the aforesaid observations, we dispose of the above Petition. Sd/- Sd/- (R.M. SAVANT, J.) (S.B. MHASE, J.)