D.T.Ed., B.Ed. Students Thru President Shri. Santosh A. Magar v. The State Of Maharashtra Thru Secretary, School Education And Sports Department

62-ASWP-3258-2021.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3258 OF 2021 DT Ed, B Ed Students through President Santosh A Magar

...Petitioner

Versus

The State of Maharashtra through Secretary, School Education and Sports Department

...Respondent

Mr SA Rajeshirke, for the Petitioner.

Mr SB Kalel, AGP, for the Respondent-State.

CORAM

G.S. Patel & Neela Gokhale, JJ.

DATED:

27th March 2023 PC:- 1.

We are not inclined to interfere at the instance of this Petitioner. It claims to be an association of DT.Ed and B.Ed students.

ARUN RAMCHNDRA SANKPAL 2.

Prayer clause (c) of this Petition seeks inter alia a direction to ARUN RAMCHNDRA SANKPAL Date: 2023.03.28 09:44:42 +0530 the State Government to withhold the government salary grants in respect of teachers on a temporary basis and to direct "the management" to make payments of such salaries. 27th March 2023

62-ASWP-3258-2021.DOC 3.

No management is joined. None of the teachers who would undoubtedly be affected by such an order are joined. 4.

It is impossible to entertain such a Petition where persons who are directly affected are not even joined or given notice. Whatever may be the case regarding day schools or night schools, it is not possible to grant or consider relief in the absence of the joinder of persons directly affected. Given the ambit of the relief sought, it is not even possible to join individual persons. 5.

The Petition is rejected. There will be no order as to costs. It is, however, open to an individual affected to file a petition in her or his own name, and the rejection of this Petition will not be read adversely to such a petitioner.

(Neela Gokhale, J) (G. S. Patel, J) 27th March 2023