Jaswantsingh Karansingh Bayas v. The State Of Maharashtra And Others

1 wp 3143.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3143 OF 2020 Jaswantsingh Karansingh Bayas .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Dr. Swapnil D. Tawshikar, Advocate for the Petitioner. Shri S. G. Karlekar, A.G.P. for Respondent Nos. 1 to 3. CORAM :

S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE :

25TH FEBRURY 2020.

FINAL ORDER :

.

The petitioner is challenging approval granted in favour of the respondent No. 5 as a Head Master.

2.

Mr. Tawshikar, the learned counsel for the petitioner submits that, the petitioner does not claim post of head master, nor claiming seniority, however, seeks to bring on record the misdeeds and the illegalities committed. Without considering the merits, the approval is granted in favour of the respondent No. 5. There are large scale allegations against the respondent No. 5. Proper procedure is not followed by the Education Officer while granting approval.

3.

The petitioner cannot be said to be aggrieved person. Moreover, the petitioner had filed Writ Petition No. 13637 of

2 wp 3143.20 2019 making grievance about the facilities not provided and the misdeeds of the respondent No. 5 therein. The learned counsel submits that, administrator is appointed as dispute exists in the members of the management.

4.

The petitioner, in the present writ petition could not have assailed the approval granted to the respondent No. 5 as a head master. The appointment of a head master is made by the management. The petitioner is not challenging the appointment of the respondent No. 5 as a head master on the grounds permissible and if the petitioner is aggrieved. 5.

In the light of that, we are not inclined to consider merits of the contention challenging the approval.

6.

The writ petition is disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/Feb. 20