1 SA 533 of 2001 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 533 OF 2001 WITH CIVIL APPLICATION NOS. 1437/03& 1448/06 St.Ulai High School, through its Principal and Anr. ...Appellants Vs. Devendraprasad Jagannath Singh and Anr. ...Respondents ----- Mr.C.K. Thomas for Appellants Mr.M.S. Lagu for Respondent No.1 Mr.Y.S. Mahispurkar Government Pleader for Respondent No.2 ----- CORAM: V.M. KANADE J. DATED: 20th April, 2011 P.C. 1. The suit was filed by the Appellant against the Respondents herein challenging the order of termination dated 18.3.1997 which was passed by the management and for consequential reliefs. The suit was decreed by the Trial Court on 30th August, 1998. Against the said order, the Respondents preferred and appeal and the order passed by the Trial Court was confirmed. Against this order, the Defendants preferred Second Appeal in this Court. A preliminary objection was raised regarding 2 SA 533 of 2001 the maintainability of the suit. The following question was raised: “Whether civil application under section 9 of the CPC in respect of matters set out in section 9 of the MEPS AC and Rule 12 thereof is impliedly barred?” This question was referred to a Larger Bench and subsequently the Division Bench again referred this issue before the Full Bench. The Full Bench by Judgment and Order dated 18th December, 2006 was pleased to hold that in respect of matters upon which the appeal lies to the Tribunal under clauses (a) and (b) of sub-section (1) of Section 9 of the MEPS Act,1977, the jurisdiction of Civil Court is impliedly barred. In view of the judgment of the Full Bench therefore, the suit filed by the Respondents herein was not maintainable and, therefore, the judgment and order passed by both the Lower Courts will have to be set aside on the ground that it will not be maintainable. However, as a consequence, the respondents herein would have a right to present his appeal before the School Tribunal. 2. Hence, the Second Appeal is allowed in view of the judgment of the Full Bench of this Court dated 18th December, 2006. The Judgment and order passed by 3 SA 533 of 2001 both the Courts is set aside. The Respondents-Plaintiffs shall filed their appeal before the School Tribunal within eight weeks from today. If the appeal is filed within eight weeks, the School Tribunal shall decide the appeal on merits and in accordance with law. The Appeal may be decided as expeditiously as possible and in any case, within a period of one year. Second Appeal is, accordingly, disposed of in the aforesaid terms. Civil Applications do not survive and they are disposed of. (V.M. KANADE J.)