:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 981 OF 2009 WRIT PETITION NO. 981 OF 2009 WRIT PETITION NO. 981 OF 2009 Pandurang Dattatraya Bhatale ..Petitioner versus Chikotra Khore Gramin Shikshan Mandal, Pangire, Dist: Kolhapur through its President & Ors. ..Respondents Mr. M. S. Topkar for the Petitioner. Mr. Sangramsinh Yadav for the Respondent No. 1. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 3RD FEBRUARY, 2009 DATE : 3RD FEBRUARY, 2009 DATE : 3RD FEBRUARY, 2009 P.C. P.C. P.C. . Rule, returnable forthwith. Heard by consent. 2. The petitioner has challenged the Order of the School Tribunal dismissing his Appeal. The School Tribunal has found that the petitioner’s appointment was on a temporary basis for a period of one year and that too against the post reserved for a backward class candidate. The learned counsel for the petitioner submits that inspite of a categoric averment of the petitioner in the affidavit dated 28.7.2008 to the effect that the roaster papers and :2: appointment orders produced before the Tribunal are forged documents; since the original appointment orders did not contain the word to the effect that the appointment is against an OBC category, the Tribunal did not discuss or gave any finding on those documents. 3. The learned counsel for the respondent No. 1 fairly accepts the fact that the Tribunal has not given any findings as to whether the documents are genuine or not. 4. Having regard to the importance of the appointment orders and the alleged stipulation contained therein that the appointment is against a seat meant for an OBC candidate, I am of view that the Tribunal was bound to examine the genuineness of the documents and render findings thereon. Not having done so, the Order of the Tribunal suffers from an error apparent on the face of the record. The impugned order is hereby set aside. The matter is remanded back to the Tribunal for a fresh decision in accordance with law. 5. Rule disposed of accordingly. :3: (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)