SUSHIL KUMAR BALIRAM KARADversusTHE REGIONAL DIVISIONAL DEPUTY COMMISSIONER AND OTHERS

2026:BHC-AUG:46374



                                                                  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.
                                   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