1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION No. 1876 OF 2010 Ranbhid s/o Pandurang Humne v. State of Maharashtra & ors. ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Mr. S.P. Bhandarkar Advocate for the Petitioner. Mr. A.M. Deshpande AGP for Res. 1. Mr. Gode Advocate for Res. no.3. ..... CORAM: V.C. DAGA & A.B.CHAUDHARI, JJ. DATED : 16 th DECEMBER, _2010. Heard. Perused the petition. Learned counsel for respondent no.3 has raised an objection to the maintainability of the writ petition contending that alternate remedy before the School Tribunal is available. While reacting to this submission, learned counsel for the petitioner submits that basically he is challenging the approval granted by the Education Officer, which cannot be looked into by the School Tribunal. The submission made by the learned counsel for the petitioner in this behalf is misplaced. The 2 approval is a consequence of the order of promotion. If the promotion or appointment is held to be bad and illegal then the consequent approval will not survive. In this view of the matter and in the light of the decision of this Court in Bhagwant Sheshrao Borale v. Education Officer & ors. - 2009(5) Bom. C.R. 146, this petition is liable to be dismissed in limine keeping all the rival contentions open. The petitioner is relegated to the alternate remedy. Order accordingly. There shall be no order as to costs. JUDGE JUDGE /TA/ 3