1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 5940/2010 (Pramod B. Meshram VERSUS The Addl. Commissioner, Tribal Development & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.P. Maldhure, counsel for the petitioner. Shri V.A. Thakare, A.G.P. for the R-1 & 2. Shri C.A. Joshi, counsel for the R-3 & 4. Shri A.J. Kadu, counsel for the R-5. CORAM : SMT. VASANTI A. NAIK, J. DATE : FEBRUARY 3 , 2011 . It is brought to the notice of this Court by the learned Assistant Government Pleader and the learned counsel for the respondent that the petitioner has an alternate remedy of approaching the Additional Commissioner, Tribal Development Department, Amravati for challenging the order passed by the Sanstha on 06.12.2010. On hearing the learned counsel for the parties and on perusal of the impugned order, it appears that this Court would not be in a position to deal with the matter for the first time and decide the factual dispute, which arises between the parties. The learned counsel for the petitioner submits that the impugned order dated 06.12.2010 is probably passed on the basis of an order passed by the Additional Commissioner, Tribal Development, Amravati. 2 In such circumstances, the Additional Commissioner, Amravati is directed to consider the appeal, if filed by the petitioner, on its own merits, because if the case against the petitioner's proposed termination is not upheld, the petitioner is ready for absorption in some other school in the Division in case he is held to be surplus. Hence, the writ petition is disposed of with liberty to the petitioner to approach the respondent no.1 against the impugned order. No order as to costs. JUDGE APTE