1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LPA No. 43/2009 in WP No.5018/2008 Shri Shivaji Education Society Amravati and another Vs. Rahul Manoharrao Behare and another. ----------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's order Judge's orders and Registrar's order ------------------------------------------------------------------------------------------------------------ Mr. Patil, Advocate for respondent no.1. Coram : A.P. Lavande And P.D. Kode, JJ. Dated : 16th March 2009. Heard Mr. Kilor, learned counsel for the appellants. By this appeal, the appellant takes exception to the order dated 3.12.2008 passed by learned Single Judge dismissing Writ Petition No.5018/2008 filed by the appellants herein challenging the order dated 16.9.2008 passed by the School Tribunal, Amravati in Appeal No. 12/2008 by which the appeal filed by the respondent no.1 against respondent no.2 challenging the order of termination was set aside. The only ground urged before the learned Single Judge was that the appointment of respondent no.1 was subject to approval of the Deputy Director of Education and he had agreed 2 to the said condition and since the Deputy Director of Education had not given approval, the services of respondent no.1 were rightly terminated. The same ground is raised in the appeal. The issue raised in LPA is squarely covered by judgment delivered by the Full Bench of this Court in St. Ulai High School and another Vs. Devendraprasad Jagannath Singh : 2007 (1) Mh.L.J. 507 against the appellant. In our opinion, the learned Single Judge has rightly held that the ground urged by the appellant had no merit and, the termination of respondent no.1 was illegal and, therefore, has rightly set aside by the Tribunal . In view of the above, we find no ground to interfere with the impugned order passed by the learned Single Judge, Hence, LPA is rejected. JUDGE JUDGE Ambulkar.