1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 747 OF 2009 Late Manikrao Guruji Samajik Vikas Sanstha Katkalamba, Tq. Kandhar, Dist. Nanded. through its Secretary ....Petitioner. Versus 1. Shri. Govindrao Sheshrao Wakore R/o. Katkalamba, Tq. Kandhar, Dist. Nanded. 2. Manik Secondary School, Chikhali (Bk) , Tq. Kinwat, Dist. Nanded. Through its Head Master. 3. Shri. Uttam Kondiba Bhujbale, R/o. Manik Secondary School, Chikhali (Bk), Tq. Kinwat, Dist. Nanded. 4. The Education Officer (Secondary), Zilla Parishad, Nanded. ....Respondents. Shri.V.P. Golewar, Advocate for the petitioner. Shri. R.J. Godbole and Wakade (Patil), Advocate for the respondent No. 1. with WRIT PETITION NO. 748 OF 2009 1. Mr. Madhav Manikrao Baswade The Incharge Headmaster Manik Secondary School, Chikhali (Bk),, Tal. Kinwat, Dist. Nanded. 2 2. Shri. Uttam Kondiba Bhujbale, R/o. c/o. Manik Secondary School, Chikhali (Bk), Tq. Kinwat, Dist. Nanded. .....Petitioners. Versus 1. Shri. Govindrao Shesherao Wakore R/o. Katkalamba, Tq. Kandhar, Dist. Nanded. 2. The Secretary, Late Manikrao Guruji Samajik Vikas Sanstha, Katkalamba, Tq. Kandhar, Dist. Nanded. 3. Education Officer (Secondary) Zilla Parishad, Nanded. ...Respondents. Shri.A.V. Patil, Adv. for the petitioners. Shri. R.J. Godbole and Wakade (Patil), Advocates for respondent No. 1. CORAM : B.R. GAVAI, J. DATE : 18th JUNE, 2009 ORAL JUDGMENT: 1. Rule. Rule made returnable forthwith by the consent of the parties. 2. By way of present petitions, the petitioners have challenged the judgment and order passed by the learned Presiding Officer, School Tribunal, Latur dated 29th of December 2008, thereby allowing the 3 appeal filed by the respondent No. 1 in both petitions. 3. The learned counsel for the petitioners submits that certain documents were taken into consideration by the learned Tribunal without the petitioners being put to the notice about the same. This position is disputed by the learned counsel for the respondent No. 1. However, in the facts and circumstances of the case and submissions on behalf of the learned counsel appearing for the parties, I find that it would be in the interest of justice, if the matter will be reconsidered by the learned Presiding Officer of School Tribunal , Latur. 4. The impugned order dated 29th of December 2008 passed by Presiding Officer, School Tribunal, Latur is quashed and set aside. The matter is remanded to the learned Tribunal for considering it afresh in accordance with the provisions of law. The Parties to appear before the learned Tribunal on 18th of July 2009. As stated above, its notice to the parties shall stand waived. Considering the peculiar facts and circumstances of the case, the learned School Tribunal is directed to dispose of the appeal within the period of six months [ B.R. GAVAI, J. ] ssc/wp747.09