1 wp743.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 743 OF 2011 Late Vasant Dada Patil Pratisthan and another ..PETITIONERS -VERSUS- Dharmaraj S/o Hanumantrao Jadhav and others ..RESPONDENTS ..... Mr. R.J. Godbole, advocate for petitioners. Mr. J.R. Patil, advocate for respondent no.1. Mr. S.K. Tambe, A.G.P. for respondent no.3. ..... (CORAM : B.P. DHARMADHIKARI, J.) DATED : 21st March, 2011. PER COURT : 1. Heard Advocates Mr. Godbole for petitioner, Mr. Patil for respondent no.1 and learned A.G.P. for respondent no.3. 2. After hearing parties, I do not find it necessary to go into the merits of controversy as the School Tribunal has not framed mandatory issue regarding the validity or otherwise of the appointment of respondent no.1. The obligation to do so is casts because of the Judgment of Division Bench of this Court reported at "1997(3) Mh.L.J. 679" (Anna Manikrao Pethe V/s Presiding Officer, School Tribunal, Amravati and Aurangabad Division, Amravati and others. The Hon'ble Division Bench has found that framing of three preliminary issues and answers thereto is mandatory if the reinstatement is claimed. Framing of third issue i.e. about grant of approval by Education Officer is rendered 2 wp743.11 unnecessary because of Full Bench Judgment of this Court reported at "2007(1) Mh.L.J. 597" ( St. Ulai High School and another V/s Devendraprasad Jagannath Singh and another). 3. In this view of the matter, the impugned judgment of the School Tribunal dated 01.11.2010 in appeal no. 21 of 2004 is hereby quashed and set aside. The proceedings in appeal no. 21 of 2004 is restored back to the file of School Tribunal and the School Tribunal shall decide the same on merits in accordance with law as early as possible and in any case within a period of three months from the date on which the parties appear before it. The parties are directed to appear before the School Tribunal on 7th April, 2011 and abide by further instructions in the matter. Rule made absolute accordingly. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp743.11