1 wp148.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 148 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. V.D. Sapkal, Advocate for the petitioner. Mr. N.B. Patil, A.G.P. for respondent no.3. 1. Learned Counsel for petitioner states that the Division Bench judgment in the case of "Priyadharshani Education Trust and others V/s Ratis (Rafia) Bano D/o Abdul Rasheed and others" {2007(6)All M.R. 238} has been mechanically relied upon by the School Tribunal ignoring the fact that the petitioner belongs to open category and has been recruited as such by the management, which is not receiving any grant-in-aid. He contends that employment with it is therefore not a public employment. He is relying upon the judgment of learned Single Judge of this Court in "Jagdamba Education Society, Nagpur V/s Rajendra S/o Baburao Golhar and others" {2009(2) Mh.L.J. 522}. He states that this judgment takes a view on the matter, after noticing the Division Bench Judgment and being final, ought to have 2 wp148.11 been followed by the School Tribunal. 2. After hearing last occasion, the matter was adjourned to enable the petitioner to find out any other judgment. Learned counsel reports that the judgment in case of Jagdamba Education Society, Nagpur (supra) appears to be last on the point. 3. This Court in the Judgment reported in "2010(4) Mh.L.J. 708" (Ramdeobaba Kamla Nehru Abhiyantriki Mahavidyalaya, Nagpur V/s State of Maharashtra), after noticing above view of the learned Single Judge and view of the Division Bench found that the learned Single Judge has recorded a conclusion contrary to the express observations made by the Division Bench. The said judgment holds a field even today. 4. According to Advocate Mr. Sapkal for petitioner, if the Single Judge of this Court has taken a view contrary to the view reached earlier, the case for reference was made out and such a view could not have been taken. View taken in the case of Ramdeobaba Kamla Nehru Abhiyantriki Mahavidyalaya, Nagpur (supra) is after noticing the relevant judgments and for valid reasons a view of the learned Single Judge in case of Jagdamba Education Society has not been followed. 5. In view of the latest judgment in "Ramdeobaba 3 wp148.11 Kamla Nehru Abhiyantriki Mahavidyalaya, Nagpur" (Supra), I am not inclined to interfere in the Petition as I find the School Tribunal has rightly applied the law. The Petition is therefore rejected. (B.P. DHARMADHIKARI) JUDGE. 21.01.2011 gas/wp 148.11