W.P.No.7759 of 2008 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.7759 OF 2008 Jagdamba Shikshan Sanstha Pathrad, Taluka Mudkhed, District Nanded through its Acting President and anr. ..Petitioners Versus Anand s/o Madhav Dhage and ors. ..Respondents Mr A.V.Patil, Advocate holding for Mr V.D.Gunale, Advocate for petitioners Mr Vivek Dhage, Advocate for respondent No.1 Mr G.N.Chincholkar, Advocate for respondent No.2 Mr.D.R.Kale, AGP for respondent No.3 - AND - WRIT PETITION NO.320 OF 2009 Jagdamba Shikshan Sanstha Pathrad, Taluka Mudkhed, District Nanded through its Acting President and anr. ..Petitioners Versus Eknath Dattatraya Sontakke and ors. ..Respondents Mr A.V.Patil, Advocate holding for Mr V.D.Gunale, Advocate for petitioners Mr Vivek Dhage, Advocate for respondent No.1 Mr G.N.Chincholkar, Advocate for respondent No.2 Mr.D.R.Kale, AGP for respondent No.3 W.P.No.7759 of 2008 2 CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATE : 5th May 2011 ORAL JUDGMENT (PER SMT. NISHITA MHATRE, J.) 1. Rule. Rule made returnable forthwith, by consent in both petitions. 2. The petitioners are aggrieved by the order passed by the Grievance Committee, which had entertained complaints of Shikshan Sevaks. In the case of Principal, Our Lady Salvation High School Vs. Rashmy Upadhyay, reported in 2009-BCR-3-401, a learned Single Judge of this Court has held that Shikshan Sevaks have a right to approach the School Tribunal for redressal of their grievance. In these circumstances, any order passed by the Grievance Committee in respect of the termination of the service of Shikshan Sevaks would be without jurisdiction. 3. We, therefore, set aside the impugned order and grant liberty to the respondent No.1 in both the petitions to approach the School Tribunal for redressal of his grievance. The School Tribunal will decide the appeal filed by the respondent No.1 in both the petitions on merits, if it is filed within six weeks from today. 4. All contentions of the parties are left open for the Tribunal to consider while deciding the appeal. The question of having the delay W.P.No.7759 of 2008 3 condoned does not arise if the appeal is filed within the time stipulated by us. 5. Rule made absolute accordingly. ( M.T. JOSHI, J. ) ( SMT. NISHITA MHATRE, J. ) (vvr/7759.08wp)