Smt. Jyoti Wd/O. Dr. Kishor Duhilani v. State Of Maha., Through Secretary, Dept. Of Education, Mumbai And Others

18.2CAW.397.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.W. NO. 397/16 IN WRIT PETITION NO. 555 OF 2016. (Jyoti wd/o Dr. Kishor Duhilani .vs. The State of Maharashtra & others) Applicant : Pratik s/o Vithal Ghode.

Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. M.P. Lala, Advocate for petitioner, Mr. M.K. Pathan, Assistant Government Pleader for respondent nos. 1 to 3.

Mr. G.L. Bajaj, Advocate for applicant.

CORAM : B.R. GAVAI & P.N. DESHMUKH, JJ.

DATED : FEBRUARY 18, 2016.

By the present application, the applicant seeks to intervene in the petition. The intervention application is vehemently opposed by Mr. M.P. Lala, learned Advocate for petitioner.

Merely by allowing intervention application, it is not deemed that the prayer of the intervenor is granted. The Courts are always bound to take into consideration the rival submissions and pass orders in accordance with the law.

Undisputedly, the orders passed by the Education Officer which are impugned in the present petition have some nexus with the right or otherwise of the present applicant. In that view of the matter, may be the present applicant is not a necessary party, but he can certainly be said to be a proper party.

18.2CAW.397.16 The application is, therefore, allowed. The petitioner is directed to implead the applicant as party respondent in the petition.

S.O. to 3.3.2016.

Judge Judge J.