1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO 890 OF 2009 Antar Bharti Shikshan Mandal .. Petitioner V/s. Shri Shashikant Ramchandra Mahadeshwar and others .. Respondents Mr. Vishal C. Ghosalkar for the Petitioner Mr. S.A. Rajeshirke for Respondent No. 1 Coram : S.A. Bobde, J. Date : 13th March, 2009. P.C.: 1. Rule, made returnable forthwith. Heard by consent. 2. Admittedly, the Petitioner has challenged the order of School Tribunal dated 13.06.2008 declaring that the Petitioner illegally superseded the Respondent No. 1 – Shri. Shashikant Ramchandra Mahadeshwar and illegally promoted the Respondent Nos. 2 and 3 to the post of head master. Rma WP2132508130309.sxw 2 3. There is no dispute that the Petitioner had not filed written statement and the matter came to be decided without any written statement by the Petitioner. Having regard to the nature of the issues involved, it is expedient, in the interest of justice to set aside the impugned order and to give an opportunity to the Petitioner to file a Written Statement. Accordingly, the order is set aside. 4. The Petitioner shall be entitled to file a Written Statement before the School Tribunal subject to payment of cost in the sum of Rs. 5000/- to the Respondent No. 1. 5. The School Tribunal shall decide the matter as expeditiously as possible and in any case, not later than six months from the date of parties appear before it. Parties are directed to appear before the Court on 30.03.2009. 6. All the contentions of the parties are left open. Rma WP2132508130309.sxw 3 7. Rule is made absolute in the above terms. (S.A. Bobde, J) Rma WP2132508130309.sxw