← Library
Bombay High CourtWP/6658/2013disposed off

Shri. Kondiram Baburao Dhanak And ANR v. The State Of Maharashtra And ORS

2019-03-12Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Shri Justice B.R. Gavai2 pages

16-WP-6658-13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6658 OF 2013 Shri Kondiram Baburao Dhanak and Anr. ... Petitioners Vs The State of Maharashtra & Ors.

... Respondents ...

Mr. Sanjeev P. Kadam for the Petitioners.

Mr. V.M.Mali, AGP for the Respondent Nos.1 and 2. Mr. Ganesh K. Gole for the Respondent Nos.3 and 4. Mr. Onkar Nagvekar h/for Prabha Badadare for Respondent No.5.

CORAM : B.R.GAVAI & SANDEEP K. SHINDE JJ.

DATE : 12 MARCH, 2019 P.C. :

Heard Shri Kadam the learned counsel for the Petitioners, Mr. Gole the learned counsel for the Respondent Nos.3 and 4, the learned AGP for the respondent nos.1 and 2 and Mr. Nagvekar, the learned counsel for the respondent no.5. None appears for the rest of the respondents. Shivgan 1/2

16-WP-6658-13.odt The issue raised in present Petition is basically with regard to inter­se seniority of the teachers appointed in the school. The said issue can be very well gone into by the respondent no.2­Education Officer under the provisions of Rule 12 of the Maharashtra Employees of Private Schools Rules, 1981.

The respondent no.2 is, therefore, directed to decide the issue with regard to inter­se seniority, in the event, petitioner makes representation to him.

Needless to state that before passing the orders, respondent no.2 shall give an opportunity of hearing to all the concerned parties.

Taking into consideration that the issue will take long time, the Education Officer shall decide the issue as far as possible within a period of three months from today. (SANDEEP K. SHINDE, J.) (B.R.GAVAI, J.) Shivgan 2/2