1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.2620 OF 2008 Subhash Vidya Mandal. ...Petitioner. Vs. State of Maharashtra & Ors. ...Respondents. .... Mr. M.B. Gawde for the Petitioner. Mr. S.N. Patil AGP for Respondent Nos.1 and 2. Smt.Hansa Asher Mehta for Respondent No.3. ..... CORAM :DR.D.Y.CHANDRACHUD, J. April 16, 2008. P.C.: At the hearing of the Petition, Counsel appearing on behalf of the Petitioner seeks leave of the Court to withdraw the application filed on 7th December 2007 (Exh.10) upon which the impugned order dated 20th February 2008 came to be passed by the Presiding Officer of the School Tribunal. This request is not opposed. In the circumstances, it is not necessary for this Court to go into the correctness of the impugned order dated 20th February 2008 which shall not survive. All the rights and contentions of the parties in the pending appeal before the School Tribunal (Appeal No.44 of 2007) 2 are kept open to be urged before and decided by the School Tribunal. It is expressly clarified that while disposing of the appeal, the School Tribunal shall also consider the objection in regard to the maintainability of the appeal on all counts that may be urged. The Writ Petition is accordingly disposed of. .....