1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. LETTERS PATENT APPEAL NO.359 OF 2011. IN WRIT PETITION NO.2069 OF 2011 (P). (Prashant s/o Rajabhau Jachak Vs. Rashtrasanta Tukdoji Maharaj, Nagpur University through Registrar) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Shri Z.A. Haq, Adv. for Petitioner. Shri B.G. Kulkarni, Adv. for Respondent No.1. Shri Marpakwar, Adv. for Respondent Nos.2 & 3. CORAM: B.P. DHARMADHIKARI & P.D. KODE, JJ. DATE: NOVEMBER 21, 2011. Heard. Shri Haq, Adv. for for the appellant-respondent before learned Single Judge. Shri Kulkari, Adv. for University and Shri Marpakwar, Adv. for respondent Nos.2 and 3, who filed Writ Petition No.2069/2011 against the judgment of the College Tribunal. After hearing respective counsel, we find that question involved is whether there was any termination in pursuance of the order dated 03.11.2008. Hence, prima facie, the question of alleged fresh appointment does not crop up for consideration. 2 We further find that more consideration of this issue by us will affect consideration on merits of the writ petition by learned Single Judge. Hence, we permit the petitioner to file appropriate application raising this controversy before the learned Single Judge for passing necessary orders. We set aside the earlier order to the extent the interim relief has been given to the respondent Nos.2 and 3. Shri Marpakwar, Adv. points out that the appellant has already filed a contempt petition before the College Tribunal. In this situation, we direct that the appellant shall not prosecute the contempt petition till the learned Single Judge reconsiders the issue of grant of interim relief. Needless to mention that the aspect of challenge to jurisdiction with the College Tribunal raised by the University is open for reconsideration before learned Single Judge. JUDGE JUDGE NSN