Subhash Uddhavrao Wayal v. Kai Yamunabai Patil Shikshan Krida Va Sanskrutik Vidyalay And Others

2025:BHC-AUG:9174 1 12-wp 78-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 78 OF 2025 Subhash Uddhavrao Wayal .. Petitioner

Versus

Kai. Yamunabai Patil Shikshan Krida Va Sanskrutik Vidyalay through its President And Others .. Respondents Mr. Nileshsingh J. Patil, Advocate for the Petitioner. Mr. C. K. Shinde, Advocate for Respondent Nos. 1 and 2. Mr. K. S. Patil, AGP for Respondent No. 3.

CORAM :

KISHORE C. SANT, J.

DATED : 26th MARCH, 2025.

P. C. :- .

Heard learned advocate Mr. Patil for the petitioner, learned advocate Mr. Shinde for respondent Nos. 1 and 2 and learned A.G.P. for respondent No. 3.

2.

An order under challenge is passed by the learned School Tribunal in Execution Petition No. 01/2017 below Exh. 29. The petitioner who is successful in the appeal filed this application below Exh. 29 praying for direction to the management to produce on record so called resolution passed by the management in respect of reinstatement on original post of the petitioner by the respondent

2 12-wp 78-2025.odt institution and confirmed by the respondent No. 3 Education Officer, Jalna within ten days. Other prayers so far as back-wages and reinstatement, they are not pressed as the same were amounting to file review. Thus, the only prayer was about direction to produce on record the resolution and the order of confirmation of said resolution by the Education Officer.

3.

The learned Tribunal rejected the application mainly stating that, the application is devoid of merit. It is further observed that, the Executing Court need not go beyond decree and pass any other order calling for resolution of the management. This Court does not find any illegality or perversity in the order passed by the learned Tribunal. 4.

Considering the above, this Court finds that, there is no merit in the petition. The writ petition, therefore, stands dismissed. No order as to costs.

5.

The learned School Tribunal to decide and dispose of the execution proceedings as early as possible and in any case within three

(03) months from today. The parties to co-operate without seeking unnecessary adjournments.

( KISHORE C. SANT, J. ) P.S.B.