1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4672 OF 2010. Uttam Vithalrao Kosamkar -: VERSUS :- Amit Eknathrao Gawande and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : OCTOBER 11, 2010. Heard Shri R.P. Joshi, learned Counsel for petitioner, Shri P.S. Patil, learned Counsel for respondent nos. 1 to 3 and Ms. Deshpande, learned A.G.P. for respondent nos. 4 to 6. Rule made returnable forthwith. Heard finally by consent of parties. The petitioner has approached this Court assailing the orders dated 30.08.2010 passed by the 2nd Joint Civil Judge, Senior Division, Daryapur in Regular Civil Suit No. 37/2009, holding that the Civil Court has no jurisdiction to take its cognizance and petitioner has to approach the School Tribunal. The other grievance made is in relation to 2 long pendency of the change report proceeding before respondent no.6 Authority. Shri Joshi, learned Counsel has urged that challenge was to transfer of petitioner and School Tribunal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 does not have any jurisdiction. Shri Patil, learned Counsel has contended that the view taken by the lower Court is just and proper. Learned A.G.P. has also supported the impugned order. In relation to other prayers, Shri Joshi, learned Counsel has contended that as there is no proper administration, the problems are cropping up and petitioner is required to approach the Civil Court and thereafter, this Court. Shri Patil, learned Counsel has contended that there is proper administration and this Court is not required to look into that aspect in present matter. The change report proceeding are already pending before the competent authority and all parties to those proceedings are not before this Court. I, am therefore, not in a position to make any observations in relation to said proceedings. However, bare perusal of the M.E.P.S. Act, clearly 3 show that its Section 9 does not cloth the School Tribunal with jurisdiction to take cognizance of legal, illegal or malafide transfer. The reason given by the 2nd Joint Civil Judge, Senior Division in the impugned order dated 30.08.2010 are therefore, unsustainable and contrary to the settled position. The said order is therefore, quashed and set aside. Proceedings in Regular Civil Suit No. 37/2009 are restored back to its file. Parties are directed to appear before the said Court on 20.10.2010. The trial Court shall thereafter proceed further with the matter in accordance with the law. The trial Court shall attempt to decide the suit itself as early as possible and in any case by 30.06.2011. Writ Petition is allowed. Rule is made absolute in the aforesaid terms with no orders as to costs. JUDGE Rgd.