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Bombay High CourtWP/3912/2023disposed off

Rajshree Ramrao Bankar v. The State Of Maharashtra Through Its Principal Secretary And Others

2023-04-10Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

3912.2023WP -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 28 WRIT PETITION NO.3912 OF 2023 RAJSHREE RAMRAO BANKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Mr.V.G. Salgare, Advocate for the Petitioner. Mr.P.S. Patil, AGP for Respondent/State.

.....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 10th APRIL, 2023.

PER COURT :- 1.

The petitioner claims to be the senior-most teacher, and therefore, prays for writ of mandamus that she should be given additional charge of the post of Headmaster. It is contended that the post of Headmaster is vacant. The petitioner's representation dated 22.02.2023 is pending with the Education Officer (Primary). 2.

In matters wherein 'adhoc' charge or 'incharge' status is claimed by a litigant, there is no question of issuing a writ of mandamus, unless a strong case is made out. At best, the representation tendered to the competent authority could be considered in the interest of the school and it's better management. 3.

In view of the above, this petition is disposed off expecting respondent no.3 to consider the pending representation of the

3912.2023WP -2petitioner dated 22.02.2023, on its own merits and by considering the records.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) sga/