1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3997/2010 (Sharda Mahila Mandal and another vrs. Pandurang C. Parate and another) ................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................... Shri N.M.Jibhkate, counsel for petitioners Shri A.G.Joshi, counsel for R-1 Smt. T.D.Khade, AGP, for respondent No. 2. ... CORAM : R. K.DESHPANDE, J. DATED : 29th MARCH, 2011. This writ petition challenges the order dated 20.2.2010 passed by the School Tribunal in Appeal No. STC/39/2010. The appeal is held to be maintainable and the parties are directed to argue the case on merits. The learned counsel for the petitioner submits that the tribunal ought not to have recorded the findings on merits in respect of issue no. 2 and the same should have been decided while considering the question of validity of the termination order. It may be true that the School Tribunal 2 ought to have decided the entire matter and should have gone into issue no. 2 while deciding the validity of the termination order. However, the finding has been recorded on issue no. 2, although the ultimate order is that the appeal is maintainable. The matter is still pending and the tribunal is yet to decide the legality and validity of the order of termination. In view of this, if the ultimate decision in the appeal goes against the petitioner, it is always open for the petitioner to challenge the findings recorded by the tribunal in the order impugned in this petition and no interference is called for at this stage. In view of above, the petition is dismissed. Needless to say that it will be open for the petitioner to challenge the order impugned in this petition, after decision of appeal and if the ultimate order in appeal goes against the petitioner. JUDGE Rvjalit