1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.3249 OF 2009 VASANT RURAL EDUCATION SOCIETY, NER, THROUGH ITS PRESIDENT SHRI N.S. PATIL, R/O. PLOT NO.317, LAXMI NAGAR, NAGPUR, TQ. AND DISTT. NAGPUR. ....PETITIONER. ..Vs.. 1. DEVIDAS NARAYANRAO PATANKAR, AGED ABOUT 56 YRS. OCCU.SERVICE, R/O. SHIVAJI NAGAR, DARWHA, TQ. DARWHA, DISTT. YAVATMAL. 2. THE EDUCATION OFFICER (SECONDARY), ZILLA PARISHAD, YAVATMAL, TQ. AND DISTT. YAVATMAL. .... RESPONDENT. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri Pravin S. Patil, Advocate for Petitioner. CORAM : R.C.CHAVAN, J. DATED : AUGUST 05, 2009. 1. Heard. 2. This petition takes exception to the order passed by the learned Presiding officer, School Tribunal, Amravati rejecting application Exh.19 in Appeal No. 80 of 2007 before him. 2 3. The petitioner management had reverted one Devidas Narayanrao Patankar from the post of Headmaster to Assistant Teacher by order which was challenged by him before the School Tribunal. The School Tribunal held him as senior and set aside the order. The petitioner preferred Writ Petition No.5189 of 2008 before this Court contending that petitioner’s application Exh.19 for being permitted to lead additional evidence was not considered by the Tribunal, and that the application as well as appeal were disposed of simultaneously. The Tribunal in effect held that by this application the petitioner had itself admitted that the evidence was deficient and therefore, the appeal was liable to be allowed. While allowing this petition, this Court directed the learned Presiding Officer of the School Tribunal to decide the application as well as appeal afresh. This is how, the application came to be decided by the learned Presiding Officer. 4. The application at Exh.19 does not show that the petitioner had sought to tender any evidence before the Enquiry Committee which the committee had refused to 3 receive, or that the evidence was not within the knowledge of the petitioner at the time of the enquiry and had been discovered subsequently, or that the Tribunal itself required certain evidence to be produced in order to decide the case before it. The learned Presiding Officer of the Tribunal relied on a judgment of Full Bench of this Court in Saindranath Jagannath Jawanjal Vs. Pratibha Shikshan Sanstha & Anr., reported at 2007(4) ALL MR which enabled the parties in position of the petitioner to tender additional evidence before the School Tribunal, subject to the rider as contained in Rule 27 of Order XLI of the Code of Civil Procedure which had been reported by the Full Bench in paragraphs 50 and 51 of the judgment. The learned Presiding Officer held that since the case of the petitioner did not fall under any of the clauses (a), (aa) and (b) of Rule 27 he rejected petitioner’s application for tendering additional evidence. It cannot be held that the learned Presiding Officer erred in reaching such conclusion, when the petitioner had failed to make out a case that the Enquiry Committee had refused to receive any evidence or that any evidence had come to notice after the enquiry was over. 4 5. The apprehension of the learned counsel about the observations of the learned Presiding Officer while dealing with this application, particularly those in paragraph 12 of the order, can be set at rest by observing that the learned Presiding Officer would obviously ignore all these observations while deciding the appeal on merit. The learned Presiding Officer would also bear in mind that though the Enquiry Committee has been compared with the trial Court it is, in fact, not a Civil Court and therefore, whether the evidence received by the Committee is in fact in the form of deposition or not will not be decisive of the matter. 6. In view of this, there is no substance in the petition, it is dismissed. JUDGE RR.