(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 11668 OF 2010 Ashok Shahaji Gulbhile, Age : 42 years, Occupation : Nil, R/o. Dippewadgaon, Taluka : Kaij, .. Petitioner District : Beed. (Original appellant) versus 1. The Secretary, Gramin Shikshan Prasarak Mandal, Bansarola, Taluka : Kaij, District : Beed. 2. The President, Gramin Shikshan Prasarak Mandal, Bansarola, Taluka : Kaij, District : Beed. 3. The Headmistress, Adarsh Kanya Vidyalaya, Bansarola, Taluka : Kaij, District : Beed. 4. The Education Officer (Secondary), Zilla Parishad, Beed. .. Respondents. ....................... (2) Mr. Vivek Bhavthankar, Advocate, for the petitioner. Mr. M.K. Deshpande, Advocate, for respondent nos.1, 2 and 3. Mr. S.V. Kurundkar, Additional Government Pleader, for respondent no.4. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 6TH APRIL 2011 ORAL JUDGMENT : 1. Respective Counsel were heard in first half session and then time was given to Adv. Mr. M.K. Deshpande, for respondent nos.1 to 3, to point out compliance with provisions of Rules 36 and 37 of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (For short, "1981 Rules"). Adv. Mr. M.K. Deshpande wants to invite attention to a resolution passed by management on 26-11-2001. 2. Adv. Mr. Bhavthankar, for the petitioner, points out that the School Tribunal has not recorded any finding about such resolution. He also contends that specific challenge was raised about violation of the rules and also violation of principles of natural justice but that has not been considered by the School (3) Tribunal. 3. With the assistance of both the learned Counsel, I have perused impugned judgment dated 14-10-2010 delivered by the School Tribunal, Aurangabad, in Appeal No. 57/2002. The impugned order is cryptic and its perusal reveals that no efforts have been made to find out whether provisions of 1981 Rules or then procedure as contemplated therein has been followed or not. 4. In view of this finding, it is not necessary for this court to go into more details at this stage. In this view of the matter, parties need to give opportunity to address the School Tribunal. 5. In the result, the petition is partly allowed. (i) The impugned judgment and order dated 14-10-2010, passed by the learned Presiding Officer, School Tribunal, Aurangabad, in Appeal No. 57/2002, is quashed and set aside. The said appeal is restored back on the file of the School Tribunal for decision in accordance with law. The School Tribunal, after hearing parties, shall deliver fresh judgment as early as possible and in any case, within a period of six months from the date of appearance of parties before it. (4) (ii) Parties are directed to appear before the School Tribunal on 28th April 2011 and to abide by its further instructions in the matter. 6. Rule is made absolute accordingly. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp11668