11-sr911-WP.11062.2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.11062 OF 2024 Sushil Kumar s/o. Baliram Karad, Age : 44 Years, Occ. Nil, r/o. Near Anjali Hotel, Morewadi, Ambajogai, Dist. Beed ..Petitioner Vs. The Regional/Divisional Deputy Commissioner, Social Welfare Department, Aurangabad Region, Aurangabad and others ..Respondents ---- Mr.Kishor D. Khade, Advocate for petitioner Mr.K.B.Jadhavar, AGP for respondent nos.1 and 2 Mr.V.P.Golewar, Advocate for respondent nos.3 and 4 ---- CORAM : AJIT B. KADETHANKAR, J. DATE : SEPTEMBER 30, 2026 ORDER :- Feeling aggrieved by the judgment and order dated 07.08.2024 in Appeal No.43 of 2023 passed by learned Member, School Tribunal, Latur, the petitioner/original appellant (school employee) is before this court. 2026:BHC-AUG:46374 2 11-sr911-WP.11062 2. This is a case under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 challenging termination of a permanent employee of a private school. The petitioner claims to have been appointed on the post of Assistant Teacher in the school run by respondent no.3. It was contended that despite having been appointed through proper procedure and having approval in hand issued by the competent authority, the school Management illegally terminated the petitioner from the service. The appeal was filed belated. The School Tribunal condoned the delay. The Management carried the order condoning the delay before this court vide Writ Petition No.5424 of 2024. During pendency of Writ Petition No.5424 of 2024 the appeal before the School Tribunal itself came to be dismissed on merit. As such, nothing survived in that Writ Petition filed by the Management. However, vide present Writ Petition, the petitioner/employee has assailed the judgment and order passed by the School Tribunal whereby the appeal is dismissed. 3. Mr.K.D.Khade, Learned advocate for the petitioner would submit that from the record it is apparent that the respondent/Management filed its written statement on 29.07.2024. Thereafter, immediately within seven days the School Tribunal 3 11-sr911-WP.11062 rendered its judgment and order on 07.08.2024. He submits that there was hardly any period for the petitioner to go through the written statement and the voluminous record filed by the school management. In view of this he restricts his prayer to relegate the matter back to the Tribunal for fresh consideration on its own merit. 4. Mr.V.P.Golewar, learned advocate for the respondent nos.3 and 4 – School Management would submit that such is not the objection raised by the petitioner in the pleadings in the Writ Petition. He prays to dismiss the Writ Petition. 5. From the record placed before me, it appears that the written statement was filed on 29.07.2024. The delay was condoned by the Tribunal vide order dated 28.06.2023. Thus, the written statement was filed by the School Management at a belated stage. From the record it also appears that it is hardly within ten days after the written statement was filed, the School Tribunal delivered its judgment and order on 07.08.2024. 6. In the course of the arguments of learned advocate for the petitioner submits that there was hardly any time for the petitioner/ original appellant to go through the written statement and to argue the matter. In view of this and also in the interest of justice, 4 11-sr911-WP.11062 I deem it appropriate to allow the Writ Petition to the extent of relegating the matter back to the Tribunal to decide the same afresh on merit after granting an opportunity of hearing to the parties. 7. It is also noticed that respondent nos.1 and 2 who have over all control on the affairs of the School Management and the School are necessary parties to the appeal before the School Tribunal to assist the Tribunal to adjudicate the Appeal. It is submitted that the said authorities, despite having been served with notice have not participated in the Appeal before the Tribunal. Therefore, it is necessary to direct those authorities i.e. respondent nos.1 and 2 to cause their appearance before the Tribunal and assist the Tribunal. 8. In view of the above, I pass the following order:- (A) The Writ Petition is allowed. The impugned judgment and order dated 07.08.2024 passed by learned Member of the School Tribunal in Appeal No.43 of 2023 is quashed and set aside. The matter is relegated back to the Tribunal to decide it afresh on merit. (B) The parties shall appear before the School Tribunal on 08.10.2026. 5 11-sr911-WP.11062 (C) No separate notice is necessary for the parties to appear before the Tribunal. (D) After appearance of the parties, the Tribunal shall fix the date for arguments and shall render decision on its own merits, without being influenced by its earlier findings. (E) The Tribunal is requested to conclude the proceedings within a period of three months from the date of appearance of the parties. (F) Needless to mention, respondent nos.1 and 2 shall also cause their appearance on the date fixed by this court and shall participate in the hearing before School Tribunal. (G) Learned AGP undertakes to inform respondent nos.1 and 2 about this order. [AJIT B. KADETHANKAR, J.] ……….. KBP