1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1105 OF 2009 WRIT PETITION NO.1105 OF 2009 WRIT PETITION NO.1105 OF 2009 Ms Shashi Gopalani .. Petitioner Vs. Presiding Officer,Additional School Tribunal & ors .. Respondents Mr.Sai Kumar Ramamurthy for Petitioner Mr.T.S.Chandanani for Respondent no.4 CORAM : S.A.Bobde, J CORAM : S.A.Bobde, J CORAM : S.A.Bobde, J DATED : 5th March, 2009 DATED : 5th March, 2009 DATED : 5th March, 2009 P.C. P.C. P.C. 1. The petitioner has challenged the order of the School Tribunal dated 30th August, 2008 by which the learned tribunal has returned the petitioner’s appeal for presentation before the proper forum. The learned counsel for the petitioner submitted that the order of the tribunal in which it has held that the petitioner is appointed in a pre-primary school and therefore, the School Tribunal under section 9 of M.E.P.S.Act has no jurisdiction is incorrect since it proceeds upon a misconstruction of the appointment order. The learned counsel refers to the appointment order dated 30th June 1997 at Exhibit B in which by condition no. 4 it is stipulated that the appointment is subject to the approval of the Education Department, Maharashtra State. 2 According to the learned counsel for the petitioner, only appointment of teachers who are appointed in a primary school and above is subject to the approval by the Education Department and therefore, the appointment is not in a pre-primary school. There is no merit in this contention in view of the very subject of the appointment which reads as follows : Subject: Appointment as Asstt.Teacher Appointment as Asstt.Teacher Appointment as Asstt.Teacher Pre-Primary Section Pre-Primary Section Pre-Primary Section 2. In this view of the matter, merely because the approval is not necessary, it cannot be said that the petitioner was not appointed as an Assistant Teacher in a pre-primary section. The impugned order does not call for any interference. Petition is dismissed. { S.A.Bobde, J } { S.A.Bobde, J } { S.A.Bobde, J }