1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3569 OF 2008 (Late Dadasaheb Mundle Bahu Uddeshiya Vikas Wa Shikshan Prasar Mandal vs. Ku. Nanda Babanrao Hirulkar & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. OCTOBER 14, 2008. Heard Shri Khapre, learned counsel for the petitioner, Shri Patil with Shri Kothale, learned counsel for respondent No.1 and Shri Kankale, learned AGP for respondents No. 2 & 3. The School Tribunal has not allowed the amendment in written statement. The written statement was sought to be amended by adding para 3A to show that recruitment of appellant before the School Tribunal was not in accordance with law and, therefore, illegal. Obviously, effort was to point it out for three preliminary issues are required to be looked into because of judgment of this Court in the case of Anna Manikrao Pethe vs. Presiding Officer, School Tribunal, reported at 1997 (3) Mh. L.J. 697. Shri Khapre, learned counsel contends that the amendment is formal and ought to have been allowed. Shri Kothale, learned counsel argues that 2 as amendment goes to the root of the matter, it has not been allowed because it was by way of after thought. The merits of the amendment cannot be looked into at this stage and only relevance of the amendment apparent is to be looked into in view of the judgment of this Court mentioned above. Hence, the impugned order dated 09.07.2008 is quashed and set aside. The amendment is allowed. The necessary amendment in written statement be effected by 10th November 2008. Liberty to the appellant before the School Tribunal to carry out consequential amendment, if any. Thereafter, School Tribunal to proceed further to adjudicate appeal on merits in accordance with law. Writ Petition is disposed of. Rule accordingly. No order as to costs. Certified copy expedited. JUDGE *GS.