Usmani Fariha Shahid And 2 ORS v. Muslim Education Society And 4 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.630 OF 2017 Usmani Fariha Shahid And Others ...

Petitioners

Versus

Muslim Education Society Through its Secretary And Others ...

Respondents .....

Ms. Devyani Kulkarni for the Petitioners.

Mr. A.A. Maniyar for Respondent Nos.1 and 2.

Mr. Mohit Jadhav, AGP for Respondent Nos. 3 to 5. .....

CORAM : PRASANNA B. VARALE, J.

DATE : 4 SEPTEMBER 2017 P.C. :

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This petition challenges an order dated 24 June 2016 passed by the Education Inspector, Greater Mumbai North Ward. It seems that on a hearing dated 17 June 2016, the Education Inspector arrived at the finding that the approval obtained in respect of three teachers was by misleading the Education Department, resultantly, the approval order was canceled and set aside. On perusal of the said order, it reveals that there is no reference under what provisions either The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ('MEPS Act') or otherwise the powers were exercised by the Education Inspector. As the

2/3 order is not passed by invoking powers under MEPS Act, this Court cannot entertain the petition. It seems that on preliminary submission, the interim order was passed by this Court on 2 August 2016. The title cause of the petition also refers that the petition is filed under Articles 14, 21, 226 of the Constitution of India. On these aspects when learned Counsel appearing for the Petitioners was apprised, she pray for withdrawal of the present petition and to file an appropriate proceedings before the appropriate court. Learned Counsel submits that as the interim order was passed in favour of the Petitioners on 2 August 2016 and the same was continued for some time, the Petitioners be protected by continuation of the interim order till the Petitioners files appropriate proceedings and circulates it before the appropriate Court.

In view of the above referred facts and at the request of learned Counsel for the Petitioners, the present petition is allowed to be withdrawn with liberty to file appropriate proceedings and circulate the same before the appropriate Court. The interim order dated 2 August 2016 to continue to operate till the Petitioners files appropriate proceedings and circulates it to the appropriate Court only. Learned Counsel undertakes to pray for interim relief on filing of the afresh petition before the appropriate court. Learned Counsel for the Petitioners pray a weeks' time to file afresh

3/3 petition and circulate it before the appropriate court. At the request of learned Counsel, one week time is granted to undertake the exercise as submitted before this Court. (PRASANNA B. VARALE, J.)