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Judgment
A.P. Bhangale, J.�Rule returnable forthwith. Heard finally by the consent of learned Counsel for the respective parties. In the case of Sadhana Janardhan Jadhav Vs. Pratibha Patil Mahila Mahamandal and Vijay Ramesh Bhalerao, , the Division Bench of this Court has taken a view that the School Tribunals are adopting shortcut method of dismissing appeals on the basis of preliminary issues. In para 19 of the said ruling, this Court has held after considering the rules on the subject that the preliminary issue as to whether appointment of the appellant is made in accordance with section 5 of the MEPS Act and Rules thereunder should not be framed mechanically in the first place and should be framed only if it arises and is properly substantiated in the pleadings of the parties to the appeal and further add that the School Tribunal decide the issue at the same time without trying any or some of them as preliminary issues, (emphasis supplied). In View of this ruling, the impugned order which starts with headline "Brief facts necessary for deciding preliminary issues" is contrary to the dictum laid down by this Court. Hence, the impugned order needs to be quashed and set aside. The School Tribunal is expected to frame all the issues arising in the appeal and then decide all the issues at the same time according to law. The impugned order is, therefore, set aside.
The proceedings are remanded back to the Presiding Officer, School Tribunal, Chandrapur to decide Appeal No. STC/13/2008 afresh on all the issues and by meeting all the points in dispute between the parties and dispose of the same as expeditiously as possible. Rule is made absolute in the above terms. No order as to costs.