Vidhya Vinayakrao Sarnayak And Others v. The State Of Maharashtra Through Principal Secretary School Education Dept And Others

1 72-wp 6940-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6940 OF 2020 Vidhya Vinayakrao Sarnayak and another .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Mr. B. B. Shinde, Advocate for the Petitioners. Mr. P. S. Patil, Addl. G. P. for Respondent Nos. 1 to 3. Mr. A. V. Patil (Indrale), Advocate for Respondent Nos. 4 to 6. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 04th JANUARY, 2021.

PER COURT:- .

We have heard the learned counsel for the petitioners. 2.

The learned counsel for respondent No. 6 raises a preliminary objection that the petitioners are challenging the promotion of respondent No. 6. According to the respondents, the same is supersession.

3.

In the light of that, the petitioners would have remedy under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act. In the appeal filed by the petitioners, it would be open for the petitioners also to assail the approval granted to

2 72-wp 6940-2020.odt respondent No. 6 as the same would be collateral relief. 4.

In case, the petitioners file appeal within a period of one month from today, then the issue of limitation would not be raised by the respondent Nos. 4 to 6 and the School Tribunal. 5.

All contentions of the respective parties are kept open. 6.

Writ petition is disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.