1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5759 OF 2008 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. S.S.Jadhavar,Advocate for Petitioner. Mr. N.N.Jadhav, A.G.P. for State. Mr. V.V.Bhavthankar holding for Mr. S.G.Rudrawar, Advocate for respondent no. 1. Mr. V.D.Hon, Advocate for respondent no. 3. ........................... [ CORAM : V.R.KINGAONKAR, J. ] DATE : 03/03/2010 PER COURT : 1. Heard counsel for the parties. 2. The petitioner filed Appeal before the School Tribunal, which came to be dismissed. By consent, the petition is being finally disposed of in as much as the School Tribunal seems to have 2 decided the Appeal on assumption that there was no advertisement of the post on which the petitioner was appointed by the respondent nos. 1 and 2. It appears that no such plea was raised in the Written Statement, but the Tribunal itself noticed options of advertisement on record and, therefore, came to the conclusion that the appointment of the petitioner was defective in the eye of law. The petitioner has placed on record copy of the advertisement. 3. The counsel for the parties agony that the Appeal requires afresh consideration in view of such revelation regarding the advertisement which was published in daily ‘ Sanchar ’ , a news paper published at Solapur and, therefore, it is required to be remitted to the School Tribunal by restoring the Appeal. 4. By consent, the petition is partly allowed. The impugned Judgment of the School Tribunal is set aside. The Appeal is restored to its original position with direction to decide the same afresh within period of three ( 3 ) months, as far as possible, by allowing the parties to adduce further evidence as may be 3 sought. All the factual and legal issues are kept open. No costs. The parties to appear before the School Tribunal on 29/3/2010. [ V.R.KINGAONKAR ] JUDGE knp/WP 5759.2008