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Bombay High CourtWP/13526/2017disposed off

Bhivdas Mahadeo Deokar v. State Government Of Maharashtra, Through The Secretary And ORS.

2018-01-30Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice B.R. Gavai2 pages

(42)-WP-13526-17.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13526 OF 2017 Bhivdas Mahadeo Deokar ..Petitioner

Versus

State Government of Maharashtra and others ..Respondents Mr. Vishal Kanade i/by Mr. S. S. Raut, Advocate for the Petitioner. Mr. S. B. Kalel, AGP for the Respondent - State. Mr. Mihir Desai, Senior Advocate i/by Mr. Prashant Bhavake, Advocate for Respondent No.6.

CORAM : B. R. GAVAI & B. P. COLABAWALLA, JJ.

DATE : 30th JANUARY, 2018 P.C.

1] The Petitioner has approached this Court praying for a direction to the Respondent No.3 to implement the order dated 24th July 2015 and appoint the Petitioner on the post of Head Master. 2] It is the contention of the Petitioner that on account of certain interim orders passed in Writ Petition No.8045 of 2015, though the Petitioner was held to be senior, he has not been appointed as Head Master.

3] We find no reason as to why Petitioner was not appointed as Head Master. The order passed by this Court dated 27th November 2015 makes it clear that the appointment to the post of Head Master, if any, BGP.

(42)-WP-13526-17.doc.

would be subject to outcome of the said Petition. 4] In any case, by an order of even date passed by this Court in Writ Petition No.8045 of 2015, we found no merit in the said Petition. As such, there shall be no impediment with the Respondent - Management in implementing the order passed by the Respondent No.3 dated 24th July 2015. The Petition is disposed of with a direction to the Respondent Nos.4 and 5 to appoint the Petitioner as a Head Master, if he is a senior most teacher in the Respondent No.4 school within a period of two weeks from today.

[B. P. COLABAWALLA, J.] [B. R. GAVAI, J.] BGP.