1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.4446 OF 2009 Kailash s/o Suresh Borole ..PETITIONER VERSUS The State of Mah. & ors. ..RESPONDENTS Mr A.G. Talhar, Advocate for the petitioner; Mr K.G. Patil, A.G.P. for respondents no.1 & 2; Mr D.S. Mali, Advocate holding for Mr S.B. Talekar, Advocate for respondents no.3 & 4; Mr A.M. Nagarkar, Advocate for respondent no.5. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ. DATE : 26th March, 2010 PER COURT : It is the contention of the learned Counsel for respondents no.3 & 4 that the petitioner has an alternate remedy available under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. In that light of the matter, Shri Talhar, learned Counsel for the petitioner seeks to withdraw this petition with liberty to avail the alternate remedy of filing an appeal. We permit the petitioner to withdraw this petition and dismiss as such with the said liberty. If the question of condonation of delay arises, the School Tribunal will take into consideration the period of pendency of this petition from 26.6.2009 till today. ( S. V. GANGAPURWALA, J.) ( P. V. HARDAS, J.) amj/wp4446.09