1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 318 OF 2008 Ramchandra s/o Madhavrao Mundhe Applicant. V E R S U S The Secretary, Saraswati Shikshan Prasarak Mandal and ors. Respondents. Shri Sanjay Kolhare Advocate for the petitioner. Shri V.D. Gunale, Advocate for Resp. 1 and 2 A.G.P for respondent No.3. CORAM : B.R. GAVAI, J : DATE : 26th JUNE, 2009. PER COURT :- 1. By consent taken up for final hearing. 2. By way of present petition, the petitioner challenges the order dated 30.11.2007 thereby dismissing the appeal filed by the present petitioner. 3. The petitioner was appointed as Shikshan Sevak by respondent No.2 in respondent No.1’s school. 4. It is submitted that being aggrieved by the termination order dated 10.06.2005 the petitioner has preferred an appeal under the provisions of section 9 of the M.E.P.S. Act. Said appeal came to be dismissed. From the perusal of the appeal it would be seen that appeal is basically dismissed on the ground that appeal shall not 2 tenable in as much as petitioner was a Shikshan Sevak and he was required to file appeal before the Grievance Committee. 5. The learned counsel for the petitioner has placed his reliance on the judgment in case of Principal our lady of Salvation High Court V/s Ms. Rashmi Upadhyay and ors in writ petition no. 8313 of 2008. It has been held that “An appeal to the Tribunal shall be maintainable under section 9 and the jurisdiction of the Grievance Committee shall to that extent stand denuded.” 6. In that view of the matter, I find that an error has been committed by the School Tribunal while passing the order dated 30.11.2007. Rule is therefore, made absolute in terms of prayer clause ‘C’. Impugned order passed by the learned Presiding Officer of the School Tribunal, Latur is therefore quashed and set aside and the matter is remanded back to the Tribunal. The parties are directed to appear before the Tribunal on 18.07.2009 as such requirement of formal notice shall stand waived. Rule is therefore disposed of. ( B. R. GAVAI ) JUDGE ..... aaa/wp318.08 3