1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.70 OF 2009 Jogeshwari Education Society and Anr. ...Petitioners. v. The Education Inspector West Zone and Ors. ...Respondents. Mr.A.G.Kothari, adv. For the Petitioners. Mr.R.R.Bhosale, AGP For the Respondent No.1. Mr.S.D.Rupawate i/by S.Prasad, advs. for the Respondent No.2. CORAM : F.I.REBELLO & J.H. BHATIA, JJ. DATED : 27th January , 2010. P.C. 1 Rule. Heard forthwith. 2 Petitioner in the present petition impugns the orders dated 8.10.08, 17.10.08 and 17.11.08 whereby the petitioner's school was directed to reinstate the petition as lab attendant. Major contention urged on behalf of the petitioner is remedy of the respondent no.2 was to prefer an appeal to the School Tribunal and the State Government have no jurisdiction to pass the impugned orders. Considering the provisions of Maharashtra Employees of Private Schools (C & S) Regulation Act, 1977 and Rules framed therein, remedy of the teachers and non-teaching staff in the case of termination is to approach the tribunal. The State 2 Government, therefore, have no jurisdiction to pass the impugned order. In the light of that, following order: i The impugned order is set aside. However, it is made clear that it will be open to the petitioners to file an appeal before the School Tribunal and seek condonation of the delay. It will be open to the respondent no.2 to point out before the Tribunal various correspondence he had exchanged with the State Government for seeking remedy as also that he was respondent in the matter pending in this Court while applying for condonation of delay, the Tribunal to consider the same. With the above observations, petition made absolute. There shall be no order as to costs. (J.H. BHATIA,J.) (F.I.REBELLO, J.)