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Bombay High CourtWP/5490/2015dismissedrule discharged

Parashram S/O. Yeduji Sonune v. Deputy Director (Education), Amravati Division, Amravati, And Others

2015-11-19Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice P.B. Varale2 pages

wp5490.15 1/2 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5490 OF 2015 Parashram S/o Yeduji Sonune -vsDeputy Director, (Education), Amravati Division, Amravati and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr. H.R.Gadhia, counsel for the petitioner.

Mrs.M.Deshmukh, AGP for the respondent Nos.1 and 2. CORAM : SMT. VASANTI A. NAIK & PRASANNA. B. VARALE, JJ.

DATE : 19.11.2015.

By this petition, the petitioner, who claims to be the Vice President of the Society, challenges the order of the Education Officer (Secondary), dated 24/02/2014 granting approval to the appointment/transfer/promotion of certain employees. It appears that the petitioner is aggrieved by the grant of approval to the transfer of the respondent No.5 from the 11th and 12th standard classes to 8th to 10th standard classes in the respondent No.4School. According to the petitioner, the person, who was not the President of the Society, had wrongly sent the proposal of the respondent No.5 to the Education Officer.

On hearing the learned counsel for the parties, it appears that there is a serious dispute in the Management and several matters are pending in the office of the Joint Charity Commissioner. Change reports and counter change reports are filed. The Deputy Director of Education has rightly held that unless the change reports are decided, the approval granted to the transfer of the respondent No.5 cannot be cancelled. Also, we do not find that the proposal of the respondent No.5 was sent by the

wp5490.15 2/2 President of the society or any person claiming to be the President, as the same was sent to the Education Officer by the Headmaster. In any case, the dispute in the Management cannot be decided, in exercise of the writ jurisdiction.

Hence, we decline to entertain the writ petition. The writ petition is dismissed with no order as to costs. JUDGE JUDGE KHUNTE