[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4623 OF 2008 Shri Dahiphale Laxman Trimbak, Age about 33 years, Occ: Ex- Service, residing at Suyog Building, Near Datta Mandir, Mohannagar, Chinchwad, Pune-411 019. .... Petitioner - Versus - 1. The State of Maharashtra 2. Deputy Director of Education, Pune Region, Pune, 17, Dr. Ambedkar Road, Pune-411 001. 3. Shri Jain Vidya Prasarak Mandal, Shri Fattechand Marg, Chinchwadgaon, Pune-411 033. 4. Principal/Head Master, Smt. Gendibai Tarachand Chopda High School & Junior College, Chinchwad, Pune-411 019. .... Respondents Shri A.M. Joshi for the Petitioner. Ms S.S. Bhende, Asstt. Government Pleader, for Respondent Nos.1 and 2. Shri Sanjiv A. Sawant for Respondent No.3. CORAM: CORAM: CORAM: DR. D.Y. CHANDRACHUD, J. DATED: DATED: DATED: DECEMBER 18, 2008 ORAL JUDGMENT: ORAL JUDGMENT: ORAL JUDGMENT: 1. Rule, by consent of the learned counsel made returnable forthwith. Counsel appearing for the respondents waives service. With the consent of the [2] learned counsel and at their request, the matter is taken up for hearing and final disposal. 2. The School Tribunal dismissed the Appeal filed by the petitioner against an order of termination on the ground that the petitioner had been unable to establish that the appointment was on probation. The School Tribunal held that the initial appointment was on a clock-hour basis and that as a matter of fact no appointment order was at all issued to the petitioner. During the pendency of the petition challenging the order of the School Tribunal, a civil application has been taken out by the petitioner {Civil Application No.2151 of 2008} seeking to bring certain additional documentary material on record. The petitioner has averred that after the decision of the School Tribunal, he had filed an application under the Right to Information Act, 2005 in the Office of the Deputy Director of Education, Pune Region, Pune for obtaining copies of his appointment order, workload chart and the proposal signed by the Management for approval for the relevant years. On the basis of the material which has been received in response to the query, the case of the petitioner is that he was appointed on probation in the year 2003-04 and 2004-05 and that the workload chart would show that a full workload was assigned to the petitioner. The learned counsel appearing on behalf of [3] the respondent-Management has, on the other hand, submitted that the appointment orders on which reliance is sought to be placed are not genuine or authentic. Nevertheless, the learned counsel fairly submitted that the Management would have no objection if the School Tribunal is directed to consider the Appeal afresh on the basis of the entire material on record, including the material which is sought to be relied upon in the present proceedings, reserving the right of the Management to lead all appropriate defences. The learned counsel also sought a clarification that the order of remand should not be construed to mean that this Court has expressed any conclusion one way or the other on the merits of the controversy between the parties. Both the learned counsel stated that no further reasons need be stated for an order of remand with a view to obviate the expression of any opinion of the Court on the merits of the rival cases. 3. In the circumstances, in terms of the request made before the Court, the impugned order of the School Tribunal dated 11-3-2008 is set aside and Appeal No.9 of 2007 shall stand restored to the file of the School Tribunal at Pune. It will be open to the petitioner to produce additional documentary material with an advance copy to the respondent-Management. All the rights and contentions of the parties are kept open and it is [4] expressly clarified that since the parties have agreed to an order of remand, this Court has had no occasion to express any opinion on the merits of the respective cases. The petition shall accordingly stand disposed of with no order as to costs. (Dr. D.Y. Chandrachud, J.) sjs/D8wpj4623.8 sjs/D8wpj4623.8 sjs/D8wpj4623.8