1 Lpa no.122.10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION LETTERS PATENT APPEAL NO. 122 OF 2010 Shri Sant Sawantamali Shikshan Prasarak Mandal Temborni & Anr. .. Appellants Vs State of Maharashtra & Ors. .. Respondents -- Shri A.M. Joshi for the Appellants. Shri R.M. Patne, AGP for Respondent Nos.1 and 2. Shri Dinesh Bhosale for Respondent No.3. -- CORAM : MOHIT S. SHAH, CJ & S.C. DHARMADHIKARI, J DATE : 28TH JULY, 2010 P.C. This appeal under Clause 15 of the Letters Patent is directed against the judgment and order dated 24th July, 2008 passed by the learned Single Judge dismissing the writ petition of the appellants seeking mandamus against the order dated 25th March, 2008 of the School Tribunal. By the said order passed in Appeal No.98 of 2006, the School Tribunal allowed the appeal of the respondent/teacher and set aside the order of termination dated 14th November, 2005. 2. The controversy in the appeal before the Tribunal was whether the so called resignation given by the respondent/teacher was given voluntarily and in accordance with the procedure prescribed by Section 7 of the Maharashtra Employees of Private Schools 2 Lpa no.122.10 (Conditions of Service ) Regulation Act, 1977 read with Rule 40 of the Maharashtra Employees of Private Schools Rules, 1981. The Tribunal after considering the evidence on record held against the management and in favour of the respondent/teacher that the so called resignation was not tendered in accordance with the provisions of the Act and the Rules and the safeguards provided under the statute were not complied with by the management. The learned Single Judge has found that the reasoning given by the Tribunal for arriving at the above finding does not call for any interference. We are, therefore, of the view that when the Tribunal has, after considering the evidence on record, given a finding of fact that the so called resignation was not given voluntarily, we see no reason to interfere with the judgment and order of the learned Single Judge. The appeal is, therefore, dismissed. CHIEF JUSTICE S.C.DHARMADHIKARI, J