Yugpurush Shivaji Shikshan Sanstha And ORS v. Education Officer Secondary, Zilla Parishad, Satara

914. wp 516-13.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 516 OF 2013 Yugpurush Shivaji Shikshan Sanstha & ors.

..Petitioners Vs.

Education Officer Secondary Zilla Parishad, Satara ..Respondent ............

Mr. A.V. Anturkar, Senior Counsel a/w. Mr. Prathmesh Bhargude I/b. Mr. S.B. Deshmukh for the petitioners. Mrs. Rupali Shinde, AGP for State.

............

CORAM : S.C. DHARMADHIKARI & M.S. KARNIK, JJ.

DATE : 7th FEBRUARY, 2019 P.C. :

Having heard both sides and having perused the facts peculiar to this case, particularly as set out in the additional affidavit of the Member of Managing Council of the Educational Institution Management, we direct that the orders passed during the pendency of this Petition approving the services of the teachers shall be taken as final, conclusive and binding. This order is passed in the facts peculiar to this case and since the approval is refused only because of the internal 1/2

914. wp 516-13.doc disputes of the Management. That is the issue dealt with by the distinct authority and under the different statute. 2.

Once the appointment of the teachers has been made in terms of the powers conferred in the Management and the teachers are not to be blamed for any internal dispute between factions and groups of this Management, then, we do not think that their approval should be withheld.

3.

The approval granted to the teachers during pendency of the Petition, thus would bind all concerned, including the petitioner.

4.

The order at page 38 of the paper-book does not survive and stands quashed and set aside. The Writ Petition is disposed off.

(M.S. KARNIK, J.) (S.C. DHARMADHIKARI, J.) 2/2