National Education Welfare Society Bodwad Through Its President Rizwan Khan Gulsher Khan Pathan v. The State Of Maharashtra And Another

1 wp 11388.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11388 OF 2017 National Education Welfare Society Bodwad, through its President Rizwan Khan Gulsher Khan Pathan .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Shri L. V. Sangeet, Advocate for the Petitioner. Mrs. Vaishali N. Jadhav-Patil, A.G.P. for Respondent No. 1 and 2. Ms. Surekha Mahajan, Advocate for the Intervenor in C. A. No. 417 of 2018.

Mrs. A. N. Ansari, Advocate for the Intervenor in C. A. No. 3014 of 2018.

CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 08TH MARCH, 2018.

FINAL ORDER :

.

The grievance of the petitioner is that, the proposal is submitted by the petitioner seeking approval to the appointment of the head master. The proposal is not decided from 01.03.2017. 2.

We have also heard the learned Assistant Government Pleader for respondent Nos. 1 and 2.

3.

The affidavit is filed to the effect that, while suspending and terminating the earlier head master, the permission of the

2 wp 11388.17 respondent No. 2 was not taken.

4.

The respondent No. 2 is required to decide the proposal before him in accordance with law. What would be the effect of the permission not being taken to suspension and termination of the earlier head master would be different matter altogether. It is submitted that, the said head master has already filed appeal before the School Tribunal.

5.

Mrs. Ansari, the learned advocate submits that, employees have filed applications for intervention as since the date present head master has taken the charge, various illegalities are being committed. The President of the institution is also involved in the said illegalities.

6.

The Education Officer is required to decide the proposal as submitted to him along with whatever applications are filed before him in accordance with law and policy. In view of that, the Education Officer (Secondary), Zilla Parishad, Jalgaon shall decide the proposal before him expeditiously and preferably within a period of two (02) months from today. The parties/applicants are at liberty to represent themselves before the Education Officer. The writ petition is disposed of. No costs. [A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/March 18