1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2905 OF 2009 Shama Parvin D/o. Abdul Raheman Age-31 years, Occu-Service, R/o.Rashidmamu Colony, Near A.M.C.Swimming Pool behind Bus Stand, Aurangabad, Tq. and Dist. Aurangabad PETITIONER VERSUS 1. Talat Shikshan Mandal, Barudgar Nala, Juna Bazar, Aurangabad, Tq. And Dist. Aurangabad. Through its President 2. Talat Shikshan Mandal, Barudgar Nala, Juna Bazar, Aurangabad, Tq. And Dist. Aurangabad. Through its Secretary, 3. Talat Urdu Primary School, Kabadipura, Aurangabad, Tq. And Dist. Aurangabad. Through its Head Mistress 4. Talat Urdu High School, Barudgar Nala, Juna Bazar, Aurangabad, Tq. And Dist. Aurangabad. 5. The Education Officer (Primary) Zilla Parishad, Aurangabad, 2 Tq. and Dist. Aurangabad. 6. The Education Officer (Secondary), Zilla Parishad, Aurangabad RESPONDENTS Mr.N.R.Pawade, h/f. Mr. D.J.Choudhari, learned counsel for petitioner. Mr.V.B.Ghatge, learned AGP for respondent no.1 to 6 WITH WRIT PETITION NO.1847 OF 2009 Syed Raqueemoddin S/o.Syed Muqeemudin, Age-25 years, Occu-Service, at present Nil, R/o.5-4-21, Kazi Wada, Bhadgal Gate, Aurangabad PETITIONER Versus 1. Talat Shikshan Mandal, Kabadi Pura, Aurangabad, Through its President, Mr.Mahmood-Urr-Rahman Siddiqui, 2. Talat Urdu High School, Shahanoorwadi, Aurangabad, Through its Head Master. 3. The Education Officer (Secondary), Zilla Parishad, Aurangabad 4. Smt.Shaikh Asra Parveen, (Deleted) Age-28 years, Occu-Service, C/o.Respondent no.2 RESPONDENTS 3 Mr.Ajay S.Deshpande, learned counsel for petitioner Mr.A.M.Karad, learned counsel for respondent no.1 and 2 Mr.V.B.Ghatge, learned AGP for respondent no.3 Respondent no.4 deleted as per order dtd.14/08/2009. WITH WRIT PETITION NO.1848 OF 2009 Shaikh Mohd. Ashfaqueddin S/o. Mohd.Jahiruddin, Age-34 years, Occu-Nil, R/o.Opp.Santoshi Mata Mandir, Samata Nagar, Aurangabad PETITIONER Versus 1. Talat Shikshan Mandal, Kabadi Pura, Aurangabad, Through its President, Mr.Mahmood-Urr-Rahman Siddiqui, 2. Talat Urdu High School, Shahanoorwadi, Aurangabad, Through its Head Master. 3. The Education Officer (Secondary), Zilla Parishad, Aurangabad 4. Smt.Shaikh Asra Parveen, (Deleted) Age-28 years, Occu-Service, C/o.Respondent no.2 RESPONDENTS Mr.Ajay S.Deshpande, learned counsel for petitioner. Mr.A.M.Karad, learned counsel for respondent no.1 and 2 Mr.V.B.Ghatge, learned AGP for respondent no.3 Respondent no.4 deleted as per order dtd.14/08/2009. 4 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 04/09/2009 COMMON ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsels for the parties, this petition is heard finally at the stage of admission. 2. In these petitions, the petitioners pray for issuance of a writ for quashing and setting aside the order passed by the Presiding Officer, School Tribunal, Aurangabad dated 24/03/2009 refusing to decide the pending appeals. We have already dismissed the Writ Petition No. 5089/2009 filed by the respondent Management herein. It would be useful to re-iterate the facts and the facts as are germane for the decision of this petition are that the respondents herein had expressed lack of confidence in the Presiding Officer, School Tribunal before whom the appeals filed by the petitioners were pending. As a consequence of the submission of the said application by the respondent Management, the Presiding Officer, School Tribunal by an order which is impugned in the present petition declined to proceed ahead with the hearing of appeals. The respondent Management had filed a petition before us praying for transfer of the pending appeals which petition came to be dismissed by us as withdrawn by the Management by accepting the apology tendered in that petition. In the light of the fact that the respondent herein has withdrawn the 5 said application, the order impugned in the present petition deserves to be quashed and set aside. 3. Accordingly these petitions are allowed and the impugned order is hereby quashed and set aside, and the Presiding Officer of the School Tribunal is directed to expeditiously decide the pending appeals in accordance with Law. A prayer made by the learned counsel for the petitioner for awarding exemplary/compensatory costs is refused. In the circumstances, there will be no order as to costs. 3. Rule is thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEP 2009/wp2905-09