Shardha Ramsh Bagdi Alias Shardha Moses Srisunder v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO.420 OF 2022 IN WP/3691/2020 SHARDHA RAMSH BAGDI ALIAS SHARDHA MOSES SRISUNDER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. S. R. Kolhare AGP for Respondent Nos.1 to 3: Mr. P. S. Patil Advocate for Respondent No.5 : Mr. V. G. Sakolkar ...

WITH WP/3691/2020 ...

CORAM :

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

DATE :

07th October, 2022 PER COURT :

1.

The applicant/petitioner concedes that the verdict of the School Tribunal as well as the order of the learned Single Judge, that the School Tribunal does not have the jurisdiction to entertain the issue as regards the appointment of the Headmaster, is correct. He, therefore, desires to amend the writ petition in order to assail the said cause of action in the present petition as the School Tribunal has been held to be without jurisdiction in such matters.

2.

The learned Advocate representing respondent Nos.4 and 5

CA 420-2022 opposes the application.

3.

For the reasons set out in the application and as the petitioner cannot be rendered remediless, the civil application for amending the writ petition to include the subsequent cause of action, can be granted.

4.

In view of the above, the civil application is allowed. Amendment be carried out on or before 11/11/2022. Freshly typed copy of the memo of the writ petition shall be tendered on or before 11/11/2022.

5.

The respondents are at liberty to file their additional affidavits in reply, on or before 25/11/2022.

6.

List the writ petition on 28/11/2022.

( ARUN R. PEDNEKER, J. ) ( RAVINDRA V. GHUGE, J. ) gawade/-.