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.2590 OF 2008 WRIT PETITION NO.2590 OF 2008 WRIT PETITION NO.2590 OF 2008 Bilqees Bano Sayed Dawood .. Petitioner vs. Education Officer - Municipal Education Board and Ors. .. Respondents Mr.M.M.Vashi for the petitioner Mr.N.R.Bubna for respondent nos.1 and 3 CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & Smt.MRIDULA BHATKAR, JJ. Smt.MRIDULA BHATKAR, JJ. Smt.MRIDULA BHATKAR, JJ. DATE: APRIL 21, 2009 DATE: APRIL 21, 2009 DATE: APRIL 21, 2009 P.C. 1. The learned counsel for the petitioner submits that this petition has been filed by the petitioner impugning her demotion by order dated 8.2.08. The petitioner came to be demoted on the ground that she failed to file a validity certificate in respect of the caste certificate on which reliance was placed. He certifies that he belongs to nomadic tribe viz. Sangtaras. 2. Due to passage of time, the petitioner has been 2 able to obtain a validity certificate which she has submitted to the respondent institution. The learned counsel appearing for the respondent nos.1 states that the petitioner should produce the original caste validity certificate as the post of Head Mistress in Bhiwandi Nizampur Municipal Corporation is meant for reserved category. 3. The contention of the petitioner sofar the order passed by the Education Officer of the Municipal Education Board, Bhiwandi Nizampur, Bhiwandi is that it does not specifically state that she has been promoted to the post of Head Mistress which is meant for candidates belonging to reserved category. 4. The learned counsel for the party submits that the petitioner has an alternate remedy in the matter by way of an appeal under sub section 2 of section 24 of the Bombay Primary Education Act, 1947 which governs the terms and conditions of the employment. Therefore, so far as the respondent is concerned on the petitioner producing the original validity certificate, the respondents would appoint her as Head Mistress and in respect of the claim of the petitioner as to whether 3 the post is meant for candidates belonging to reserved category or not, the same can be agitated by preferring an appeal, so also in respect of the period she was deprived of the said post, it will be also open for her to agitate before the appellate authority. The contentions made by the learned counsel for the parties and particularly the respondent that the petitioner would be reinstated on submitting the original validity certificate is accepted. 5. In view of this, the learned counsel for the petitioner seeks to withdraw the petition with liberty to seek alternate remedy, that is by preferring an appeal under subsection 2 of section 24 of the said Act. We, therefore, permit the petitioner to withdraw the petition with liberty. Petition is dismissed as withdrawn. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (Smt. Mridula Bhatkar, J.) (Smt. Mridula Bhatkar, J.) (Smt. Mridula Bhatkar, J.) 4