1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 1656 of 07 Ku Malti v. Ku Kamal and ors ---------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Orders appearances, Court's orders or directions and Registrar's orders. ------------------------------------------------------- Mr A.Z. Jibhkate, Advocate for petitioner Mr R.S. Parsodkar, Advocate for respondent no.1. Coram : A.B. Chaudhari, J Dated : 27.9.2007 1/ Heard Mr A.Z. Jibhkate, learned counsel for petitioner and Mr R.S. Parsodkar, learned counsel for respondent no. 1. 2/ It appears from the submissions made by the parties that the Division Bench of this Court in Writ Petition No. 4091 of 2006 made an order on 20th September 2006 holding that the order that was impugned in the writ petition was nothing but appointment of respondent no.4 therein as head-mistress by superceding 2 the petitioner therein. This Court further held that in that event a regular remedy was available to the petitioner and accordingly, the said petition was disposed of. It is in that background it appears that the respondent preferred appeal before the Tribunal under Section 9 of the MEPS Act. Now, Mr Jibhkate contends that appeal under Section 9 does not lie before the Tribunal against the order made by the Deputy Director of Education. 3/ Without expressing anything on this argument, it can only be observed that the appeal was filed in terms of the order passed by the Division Bench in WP No. 4091 of 06 which binds both the parties. If the petitioner had any such grievance about the jurisdiction of the Tribunal, the same could have been raised in the said writ petition, but that appears to have not been done. Decision in the case of Somsingh v. HM, Capt R.M. Oak HS, Thane and ors (2004 (2) Mh.L.J. 980) relied upon by Mr Jibhkate can easily be distinguished since that was a case of conferment of jurisdiction by consent. 3 4/ In view of the above, it is difficult to accept the submissions made by Mr A.Z. Jibhkate. Petition is, therefore, dismissed. No costs. Judge. hsj