[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8043 OF 2008 President/Secretary, Shreemati Bhagwati Upadhyaya Education Trust & Ors. .... Petitioners Vs. Mr. Vikram L. Mishra & Ors. .... Respondents Shri Ravindra J. Dhond for the Petitioner. Shri C.A. Shukla for Respondent No.1. Shri S.N. Patil, AGP, for Respondent Nos.2 & 3. CORAM: CORAM: CORAM: DR. D.Y. CHANDRACHUD, J. DATED: DATED: DATED: DECEMBER 18, 2008 P.C: P.C: P.C: The School Tribunal has passed an order on 13-8-2008 setting aside the oral termination of the services of the first respondent and granting reinstatement with continuity of service and fifty per cent back wages. The contention of the petitioners is that the first respondent was not duly qualified for being appointed as head of the institution in terms of the requirement contained in Rule 3(1)(b) of the Maharashtra Employees of Private Schools Rules, 1981. The contention of the petitioners is that the first respondent did not possess five years’ full time teaching experience after graduation in a Secondary School or Junior College of Education. Ex facie, the Tribunal has failed to consider whether as a matter of [2] fact the first respondent fulfilled the requisite qualifications which are statutorily prescribed for appointing a person to the post of Head Master. In these circumstances, both the learned counsel have agreed to an order of remand being passed by this Court without the expression of any further opinion on the merits of the rival contentions with the view to enable the Tribunal to consider the matter afresh on all issues, including on the question as to whether the first respondent met the requisite condition eligibility. In terms of the request made before the Court, the impugned order of the School Tribunal dated 13-8-2008 is set aside. Appeal No.74 of 2005 is restored to the file of the School Tribunal. The parties shall appear before the School Tribunal for receiving directions on 5-1-2009. The Tribunal shall, upon remand, endeavour expeditious disposal of the appeal preferably within a period of four months. (Dr. D.Y. Chandrachud, J.) sjs/D8wp8043.8 sjs/D8wp8043.8 sjs/D8wp8043.8