:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL ST NO.35252 OF 2002 IN WRIT PETITION NO.4849 OF 2001 Shri. Annappa Dundapa Ghulanwar Applicant V/s. The Chairman/Secretary, Halkarni Bhag Shikshan Prasarak Mandal, Halkarni & Ors. Respondents ====== Mr.Amit Shete i/by.Amit Borkar, Advocate for the Appellant. None for the Respondents. CORAM: CORAM: CORAM: SMT.RANJANA DESAI, AND SMT.RANJANA DESAI, AND SMT.RANJANA DESAI, AND SMT.R.P.SONDURBALDOTA, SMT.R.P.SONDURBALDOTA, SMT.R.P.SONDURBALDOTA, JJ. JJ. JJ. DATED: DATED: DATED: 4TH JUNE, 2008. 4TH JUNE, 2008. 4TH JUNE, 2008. P.C. P.C. P.C. : : : 1. The appellant had impugned in Appeal No.159 of 1997 filed in the School Tribunal at Kolhapur the termination notice dated 31.3.1997 and his otherwise termination with effect from 5.7.1997. The School Tribunal by its order dated 15.12.2000 dismissed his appeal. :2: :2: :2: 2. Writ Petition carried from the said order was dismissed by learned Single Judge on 4.6.2002. Before learned Single Judge, it was urged by learned counsel for the appellant, that he was appointed on probation and therefore his services were terminated after the completion of the probation period. Learned Single Judge noted that this case is not made out before the appellate court. Learned Single Judge further noted the statement made by learned counsel for the appellant that the fact that the appointment of the appellant was on probation, was disclosed to him after the appeal was decided from the record of the Education Officer and observed that such case cannot be raised for the first time in the High Court and if the material available for setting aside this plea was not available to the appellant, despite due diligence during the pendency of the appeal, remedy of the appellant was elsewhere and not in the High Court. This order is challenged in the present letters patent appeal. 3. We find no reason to interfere with the impugned order. If the appellant had come to know, after the appeal was decided from the record of the :3: :3: :3: Education Officer, that he was appointed on probation, he ought to have moved the School Tribunal. The appellant took up this point for the first time in the High Court, In our opinion, remedy of Writ Petition adopted by the appellant is totally misconceived. In any case, the termination order is dated 5.7.1997. Appeal was decided on 15.12.2000. The impugned order is dated 4.6.2002. We are in 2008. Appeal was also not filed within the period of limitation. In such circumstances, no case is made out for admitting the appeal. Appeal dismissed. (SMT.R.P.SONDURBALDOTA, J) (SMT.RANJANA DESAI, J) :4: :4: :4: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.242 OF 2007 APPLICATION NO.242 OF 2007 APPLICATION NO.242 OF 2007 (FOR (FOR (FOR RESTORATION) RESTORATION) RESTORATION) IN IN IN CIVIL CIVIL CIVIL APPLICATION NO. 160 OF 2003 APPLICATION NO. 160 OF 2003 APPLICATION NO. 160 OF 2003 IN IN IN LETTERS LETTERS LETTERS PATENT APPEAL ST NO.35252 OF 2002 PATENT APPEAL ST NO.35252 OF 2002 PATENT APPEAL ST NO.35252 OF 2002 IN IN IN WRIT WRIT WRIT PETITION NO.4849 OF 2001 PETITION NO.4849 OF 2001 PETITION NO.4849 OF 2001 Shri. Annappa Dundapa Ghulanwar Applicant V/s. The Chairman/Secretary, Halkarni Bhag Shikshan Prasarak Mandal, Halkarni & Ors. Respondents ====== Mr.Amit Shete i/by.Amit Borkar, Advocate for the Appellant. None for the Respondents. CORAM: CORAM: CORAM: SMT.RANJANA DESAI, AND SMT.RANJANA DESAI, AND SMT.RANJANA DESAI, AND SMT.R.P.SONDURBALDOTA, SMT.R.P.SONDURBALDOTA, SMT.R.P.SONDURBALDOTA, JJ. JJ. JJ. DATED: DATED: DATED: 4TH JUNE, 2008. 4TH JUNE, 2008. 4TH JUNE, 2008. P.C. P.C. P.C. : : : 1. Heard learned counsel for the applicant. For the reasons stated in the Civil Application, the Appeal is restored to the file. :5: :5: :5: (SMT.R.P.SONDURBALDOTA, J) (SMT.RANJANA DESAI, J)