1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 8332 OF 2009 Madhukar s/o Ramrao Pawar .. PETITIONER VERSUS Sunil Ramchandra Deshmukh & others .. RRESPONDENTS Mr. V.D. Gunale, Advocate for the petitioner. ===== CORAM : R. M. BORDE, J. DATE : 12th APRIL, 2010 PER COURT : 1 Interlocutory order passed by the school tribunal, Solapur on 17-9-2009 rejecting application presented by the petitioner is subject matter of challenge in this petition. 2 Objection is raised by the petitioner / third party applicant before the tribunal that they are necessary parties and the respondent has not impleaded them in the appeal and, as such, the preliminary issue in that 2 regard is required to be framed. The tribunal found that the Secretary is impleaded in the appeal who is capable of representing the institution and there is no lacuna in that regard. The tribunal also observed that framing of preliminary issue in that regards is not warranted. Considering the interlocutory nature of the challenge, in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India, no interference is called for in the instant petition. Petition stands rejected. 3 In view of dismissal of the petition, pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE) JUDGE dyb/wp8332.09.odt