Renuka Secondary And Higher Secondary School Palvan And Anotehr v. The State Of Maharashtra Thr Its Secretary And Another

2025:BHC-AUG:5754-DB 21 WP NO. 3286 OF 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3286 OF 2021 RENUKA SECONDARY AND HIGHER SECONDARY SCHOOL PALVAN AND ANOTEHR

VERSUS

THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ANOTHER ...

Advocate for the Petitioners : Mr. D. S. Bhapkar h/f. Mr. V. D. Salunke AGP for Respondent Nos. 1 and 2 : Ms. P. J. Bharad ...

CORAM

:

MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.

DATE : 27.02.2025 PER COURT :

.

The petitioner No. 2 was appointed as headmaster by the petitioner No. 1 - management and they are awaiting approval. 2.

As per the stand of the Education Officer in the affidavit-in-reply, the previous headmaster was terminated and has preferred an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, which is pending before the School Tribunal, as a cause for not granting approval to the petitioner's appointment.

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21 WP NO. 3286 OF 2021 3.

The learned advocate for the petitioners submits that, even otherwise, the earlier headmaster has reached the age of superannuation and cannot be reinstated, even if his appeal is allowed.

4.

If that be so, if the erstwhile headmaster has already crossed the age of superannuation, in our considered view, that being the only impediment, the Education Officer can examine that aspect and consider the petitioner's proposal.

5.

We dispose of the writ petition, directing respondent No. 2 - the Education Officer (Secondary) to undertake scrutiny and if the earlier headmaster Shri. Subhash Bhagwan Pawar, who is before the School Tribunal, has crossed the age of superannuation, the Education Officer (Secondary) shall consider the petitioner's proposal as expeditiously as possible, and in any case, within six (06) weeks. (PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) jhs/ 2/2