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Bombay High CourtWP/5327/2022dismissed

Prakash Abasaheb Patange v. The State Of Maharashtra And Others

2022-07-13Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Anil L. Pansare2 pages

1 949-wp 5327-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5327 OF 2022 Prakash Abasaheb Patange .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Baliram B. Shinde, Advocate for the Petitioner. Mr. S. K. Tambe, AGP for Respondents-State.

CORAM : RAVINDRA V. GHUGE & ANIL L. PANSARE, JJ.

DATED : 13th JULY, 2022.

PER COURT:- 1.

The petitioner has put forth prayer clause (B) as under :- "(B) To writ of mandamus or any other appropriate writ or direction in the like nature, the respondent No. 2, may kindly be directed to decide proposal forwarded by respondent No. 3 dtd. 25/08/2021 as per order dtd. 16/03/2021 in W. P. 4599/2021 & Corrigendum dtd. 23/08/2017 by considering the representations dtd. 31/12/2021 & 10/01/2022 submitted by present petitioner."

2.

We have perused the record available. A decision has been taken by respondent Nos. 2 and 3 by which the petitioner has been superseded and according to the petitioner, a junior teacher has been

2 949-wp 5327-2022.odt appointed as the Deputy Headmaster.

2.

In view of Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 the petitioner can challenge his supersession before the Tribunal. 3.

This petition is, therefore, dismissed with liberty as is available under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

( ANIL L. PANSARE ) ( RAVINDRA V. GHUGE ) JUDGE JUDGE P.S.B.