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Bombay High CourtWP/6474/2022disposed off

Ravindra Bhaskar Sonwane v. The State Of Maharashtra Through Secretary And Others

2022-07-25Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Arun R. Pedneker2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 WRIT PETITION NO.6474 OF 2022 RAVINDRA BHASKAR SONWANE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Pawar Ajay D.

AGP for Respondents-State : Mr. S. K. Tambe ...

CORAM :

RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE :

25th July, 2022 PER COURT :

1.

The petitioner has put forth prayer clauses 'B' and 'C' as under :- (B) To direct the respondent No.3 Education officer (Secondary), Zilla Parishad Jalgaon, to decide and consider the proposal dated 09/08/2019 forwarded by respondent No.4 Management for seeking permanent approval in favour of petitioner as a Headmaster for Satpuda Madhyamik Vidyalaya, Naygaon, Tq. Yawal Dist. Jalgaon, by issuing writ of mandamus or any other appropriate writ or direction as the case may be ;

(C) The respondent No.3 may kindly be directed to consider the said proposal as expeditiously as possible within period of 2 months since the proposal is pending from last 3 years towards respondent No.3 by issuing necessary writ or directions as the case may be. 2.

We have considered the submissions of learned counsels for the

WP 6474-2022 respective sides for some time and have perused the record available. Admittedly, there are two factions in the management of respondent No.4 education society. There are several cases pending between the two factions. The learned AGP submits that it is not definite as to which faction has filed the proposal seeking permanent approval for the petitioner which is presently lying before the education officer. 3.

We would not like to go into disputed questions and surely not into rival claims of two factions who are battling for supremacy over the education society. Suffice it to say, that the school cannot be operated without a Headmaster. The Education Officer needs to investigate into the matter and ensure that a regular Headmaster is appointed. 4.

In view of the above, this petition is disposed off with a direction to respondent No.3 to consider the proposal dated 09/08/2019 forwarded by the management to the Education Officer seeking permanent approval in favour of the petitioner, on it's own merits and by hearing all the stake holders who are concerned with the said matter. Let such decision be arrived at, on or before 15-10-2022. ( ARUN R. PEDNEKER, J. ) ( RAVINDRA V. GHUGE, J. ) vjg/-.