Stepping in to get the tribunal to function, the then acting chief justice of the Bombay High Court, Justice Ashok Agarwal and Justice A P Shah, have said the High Court should make available the names of candidates suitable for appointment as the tribunal's presiding officer.

The state government will then select one from the names recommended by the court, according to the order dated January 28.

On a petition filed by a teacher, Sarojini Rai, whose services were terminated by the Kalwada Sanatan Dharma Sabha Education Society, the court noted that such appeals should be filed before the School Tribunal. However, with the post of presiding officer being vacant, petitions cannot be disposed of at the tribunal.

The government pleader told the court that no sitting civil judgeis willing to accept an appointment as tribunal judge.

Moreover, appointments cannot be made under the Maharashtra Employees of Private Schools Regulation Act, 1977, as there is a Supreme Court stay on the same. Under the act, only a person who holds or has held a judicial office not lower than the rank of a civil judge (senior division) is qualified for appointment as a presiding officer of the tribunal.

The order states that the High Court had ascertained the willingness of civil judges (senior division) and found that no one wants to work in the post. Therefore ``it would be appropriate for the high court to find out if retired judges are willing to accept the appointment'', it states. The government pleader also said that if the court provided the names of qualified persons, the government would be ready to appoint a judge.

In the petition, Rai has alleged that the Kalwada education society `wrongly' removed her from service after she worked for nine years as an assistant teacher. The headmasterharassed her and instituted a false inquiry against her, the petition claims. She was removed from service on the recommendations of the inquiry panel.

Rai had approached the state Education Department, which asked her to approach the School Tribunal. However, she was turned away, as the tribunal had no presiding officer. Rai then filed a petition in the high court.

Advocate Ashok Kotangle appeared for the petitioner while K R Ashar and N C Patel represented the respondents.