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Bombay High CourtWP/2724/2016dispossed offdismiss for default

Vilas S/O. Bapuraoji Shende v. The Education Officer (Secondary), Zilla Parishad, Wardha And Others

2016-06-13Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

WP2724-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2724/2016 (VILAS BAPURAOJI SHENDE VERSUS THE E.O. (SECONDARY) & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.R. Saboo and Shri S. Katkar, counsel for the petitioner. Shri N.R. Rode, A.G.P. for the R-1.

CORAM : SMT.VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : JUNE 13 , 2016.

Shri Saboo, the learned counsel for the petitioner, states that though the petitioner was promoted to the post of Headmaster by the then managing committee in the year 2012, the application for grant of approval to the promotion was not decided. It is stated that the new managing committee promoted the respondent no.3 on the post of Headmaster on which the petitioner was promoted on 17.07.2013 and this Court has, by the judgment dated 23.12.2015, directed the Education Authorities that approval be granted to the promotion of the respondent no.3. It is stated that the order in the writ petition filed by the respondent no.3, bearing Writ Petition No.3323 of 2014 was secured by concealing the material facts and misrepresenting the Court. In the circumstances of the case, it would not be proper to entertain this writ petition.

The petitioner may avail the other remedies of either filing an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 or of seeking modification of the judgment in the writ petition filed by the respondent no.3, if at all permissible.

WP2724-16 The writ petition stands disposed of with no order as to costs.

The points raised in the petition are kept open. JUDGE JUDGE APTE