Baliram Ghanshyam Ingale v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1588 OF 2021 IN WRIT PETITION NO. 2021 OF 2021 Baliram s/o Ghanshyam Ingale ... PETITIONER

VERSUS

The State of Maharashtra & others ... RESPONDENTS Mr. P. D. Bachate, Advocate for the applicant/petitioner. Mr. A. S. Shinde, A. G. P. for the respondents no.1 & 2. Mr. V. D. Gunale, Advocate for respondent no.3. Mr. A. N. Sabnis, Advocate for respondent no.4. CORAM : DIPANKAR DATTA, CJ. AND SMT. VIBHA KANKANWADI, J.

DATE :

NOVEMBER 15, 2022.

P. C. :

1.

The petitioner by filing Civil Application No. 1588 of 2021 seeks to challenge an order dated 19.06.2020, passed by the Education Officer - respondent no. 2. However, we are of the view that the petitioner ought to have substantively challenged the said order dated 19.06.2020 either by appropriately amending the writ petition or by instituting a fresh writ petition. 2.

Learned advocate for the petitioner submits that he would seek amendment of the writ petition.

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In view thereof, the petitioner shall be at liberty to file an application for amendment of the writ petition. 4.

The present application is, accordingly, dismissed. No costs.

5.

The point of maintainability of the writ petition, having regard to the availability of an alternative remedy before the School Tribunal under section 9 of the Maharashtra Employees of Private Schools Regulation, Act, 1977, is left open.

(SMT. VIBHA KANKANWADI, J.) (CHIEF JUSTICE)