wp5262.11.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.5262/2011 Ganesh Mahadeo Thaware -vs- Central Hindu Military Education Society and another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri Vishal Anand, counsel for the petitioner. Shri U. Gosavi, counsel for the respondent No.1. Shri Rode, AGP for the respondent No.2. CORAM : SMT. VASANTI A. NAIK, J. DATE : 24.11.2011. The only submission made on behalf of the petitioner for challenging the judgment passed by the Presiding Officer, School Tribunal, Nagpur on 28th of February, 2011 is that the Enquiry Committee was not constituted in accordance with the provisions of Rule 35(2)(b) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 inasmuch as the name of one of the members on the committee was not included in the panel of headmasters maintained by the Zilla Parishad, on whom the State/National Award has been conferred. The learned counsel for the petitioner submitted that there is no dispute that Shri Kharpate, one of the members of the committee was the principal of a school and a State Award was conferred on him but his name did not appear in the panel maintained by the Zilla Parishad. It wp5262.11.odt 2/3 is submitted on behalf of the petitioner that in view of the aforesaid position, there was non compliance with the provisions of Rule 36(2) of the Rules of 1981 and the enquiry report as also the judgment of the Presiding Officer, School Tribunal are liable to be set aside. It is brought to the notice of this Court by the learned counsel for the respondent No.1 that the aforesaid ground was not raised by the petitioner either before the School Tribunal or before this Court in the earlier round of litigation, though the petitioner had challenged the constitution of the Enquiry Committee in the earlier writ petition. Moreover, the learned counsel for the respondent No.1 has relied on the Government Resolution dated 27th of April, 1998 to which a list of teachers on whom the State Award is conferred is annexed to show that the name of Shri Kharpate, the member on the Enquiry Committee was included at Sr. No.18 in the list. The judgment passed by the Tribunal cannot be set aside on the submission made on behalf of the petitioner firstly because the issue sought to be raised before this Court was not raised before the Tribunal or this Court in the earlier round of litigation. The issue is a mixed issue of law and facts and the respondents did not have an opportunity to meet the submission in the Tribunal. Moreover, it is not disputed by the petitioner that a State Award was conferred on Shri Kharpate, the third member on the Enquiry Committee. Also, it is apparent from the Government Resolution annexed to the wp5262.11.odt 3/3 preliminary submissions filed by the respondent No.1 that the name of Shri Kharpate appears at Sr.No.18 and the State Award has been conferred on him. In this background, it cannot be said that the Enquiry Committee was not properly constituted. Since there is no merit in the only submission made on behalf of the petitioner for challenging the impugned judgment dated 28th of February, 2011, the writ petition fails and is dismissed with no order as to costs. JUDGE KHUNTE