Union Education Society Throu. Its President Nazir Abdul Aziz Shaikh And ANR v. The State Of Maharashtra Throu.Its Principal Sec. School Education And Sports Dept And ORS

Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8333 OF 2025 NIKITA KAILAS DARADE NIKITA KAILAS DARADE Date: 2025.09.29 15:45:52 +0530 Union Education Society and Anr.

...Petitioners

versus The State of Maharashtra and Ors. ...Respondents .....

Mr. Chaitanya K. i/b Mr. S. S. Jadhavar (through V. C.) for the Petitioner. Mr. Pankaj Deokar, AGP for the State.

Mr. Kalpesh Patil for the Intervener.

.....

CORAM : M.S. KARNIK & SHARMILA U. DESHMUKH, JJ.

DATE : 26th SEPTEMBER, 2025.

P.C:

1.

The limited relief which is sought in the petition is a direction to the Respondent No.3 to take a decision on the proposal dated 11th March, 2024 submitted by the Petitioner No.1 seeking approval to the appointment of the Petitioner No.2 on the post of Headmistress of a school namely Begum Kamrunissa Karigar Girls High School and Junior College Solapur.

2.

Learned Counsel appearing for the Petitioners submits that the Petitioner No.2 came to be appointed in the post of Headmistress upon the earlier incumbent having retired by superannuation. He submits that the Managing Committee in its meeting scheduled on 26th

November, 2023 decided to appoint the Petitioner No.2 on the post of Headmistress w.e.f. 1st December, 2023 and accordingly the proposal was submitted on 11th March, 2024 to the Respondent No.3 seeking approval. He submits that the petition has been filed seeking the limited relief of direction to Respondent No.3 to take a decision on the said proposal.

3.

Mr. Patil, who appears for the intervener, submits that he has recently received the instructions to intervene in the present matter. He submits that there are rival factions in the Petitioner No.1-Education Society and the appointment itself is disputed. He seeks time to file intervention application.

4.

Learned AGP submits that the proposal will be decided as directed by this Court.

5.

Considering the limited relief sought in the petition, we are not inclined to go into the aspect of the inter se dispute between the rival factions in the Petitioner No.1. However we permit the intervener to appear before the Respondent No.3 and raise the necessary grievance. 6.

The Respondent No.3 to hear the intervener as well as the Petitioners and thereafter pass a reasoned order within the period of four weeks.

7.

It is clarified that we have not gone into the merits of the matter and the Respondent No.3 to take a decision on the proposal after

hearing all the parties.

8.

The Writ Petition is disposed of.

9.

The parties to appear before the Education Officer, on 1st October, 2025 at 11.30 a.m.

[SHARMILA U. DESHMUKH, J.] [M.S. KARNIK, J.]