Bombay Memons Education Society And ANR. v. State Of Maharashtra And 4 ORS.

bdp 9-wp-1780.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION by BIPIN DHARMENDER PRITHIANI Date:

2021.11.16 17:36:00 +0530 BIPIN DHARMENDER PRITHIANI WRIT PETITION NO. 1780 OF 2018 Bombay Memons Education Society and Anr.

... Petitioners

Versus

State of Maharashtra and Ors.

... Respondents ****** Mr. Shaikh Nasir Masih for the Petitioners.

Mr. Himanshu Takke, AGP for the State-Respondent Nos. 1 to 4. ****** CORAM: R. D. DHANUKA AND ABHAY AHUJA, JJ.

DATE : 15th NOVEMBER, 2021.

P.C. :- .

By this petition, the petitioners seek writ of certiorari for quashing and setting aside the letters dated 13th December, 2017 and 23rd January, 2018, directing the petitioners to reinstate the respondent no.5. It is stated that the respondent no.5 had filed a separate petition for implementation of the directions issued by the respondent no.4 vide letters dated 13th December, 2017 and 23rd January, 2018. The said writ petition bearing no.920 of 2018 filed by the respondent no.4 came to be disposed of by order dated 26th March, 2019. It is submitted that after conducting the enquiry, services of the respondent no.5 are terminated. The respondent no.5 had already filed an appeal before the School Tribunal impugning the order of termination and the same is pending. 2.

Considering the aforesaid facts, in our view, nothing survives in this writ petition. We however direct the respondent no.4 not to direct

bdp 9-wp-1780.18.doc the petitioner to reinstate the respondent no.5 during the pendency of the appeal filed by the respondent no.5 before the School Tribunal. 3.

Writ Petition is disposed of as infructuous. There shall be no order as to costs.

[ABHAY AHUJA, J.] [R. D. DHANUKA, J.]