1 8235.10 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8235 OF 2010 Smt.Savita Prakash Kamble (nee Shinge) ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents ...... Mr.V.S.Kapse for Petitioner. Mrs.Molina P.Thakur, A.G.P. for Respondent No.1(a) & (b). ...... CORAM:- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR, JJ. DATED:- APRIL 7, 2011. P.C. 1. Preliminary objection is taken that the petitioner has alternative efficacious remedy by way of appeal under Regulation 86 of the School Code for Differently Abled Children. Counsel for the petitioner, however, submits that appeals under Rule 86 can be only in respect of decision taken in the disciplinary action taken against the employee. This argument does not commend to us. The regulation pressed into service by the learned A.G.P. is a self contained code which not only deals with mechanism for conducting disciplinary inquiry against the erring officials but also deals with the issue regarding selection and appointment of employees. Thus, the appeal is not limited to orders passed in disciplinary proceedings as is 2 8235.10 sought to be contended. Any dispute arising out of the action taken by the Authority in furtherance of the provisions of the regulation in question, therefore, would be appellable under Rule 86 of the Code. This position is stated on affidavit by the respondents. 2. To get over this position, Counsel for the petitioner submitted that the order as passed by the Department and the Appeal, if preferred by the petitioner would be before the same Authority. Even this argument does not commend to us. The Regulation 86 clearly provides that the appeal is maintainable before the Divisional Social Welfare Officer. In the present case, the decision under challenge in this Writ Petition is passed by the Special District Social Welfare Officer who is subordinate to the said Authority. 3. In the circumstances, this Petition is disposed of with liberty to the petitioner to pursue remedy of appeal, if so advised. Needless to observe that all questions are left open. (MRS.MRIDULA BHATKAR, J.) (A.M.KHANWILKAR, J.) 3 8235.10