Majrewadi Shikshan Prasarak Mandal Majrewadi, Thr. President Siddhappa Nagappa Varnal And ORS. v. Deepak Shankar Bhandare And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11921 OF 2025 Majrewadi Shikshan Prasarak Mandal Majrewadi & Ors.

.....Petitioners Vs.

Deepak Shankar Bhandare & Anr. .....Respondents Mr. Machhindra Patil, for the Petitioners.

Mr. Sanjay D. Rayrikar, AGP, for the Respondent No.2-State. CORAM : S. G. CHAPALGAONKAR, J.

DATED : 7th NOVEMBER 2025 P.C.:- 1.

Heard learned counsel for the Petitioners.

2.

The present Writ Petition takes exception to orders dated 13th October 2025 passed below Exhibits 49 and 51 and 15th October 2025 passed below Exhibits 57 and 59. By order passed below Exhibit 49 and 51, applications filed by Petitioners requesting that final hearing of Appeal be taken up directly instead of conducting hearing on Exhibit 5 have been rejected. Vide order passed below Exhibit 57 and 59, the prayer of Petitioner requesting to grant time to challenge order passed below Exhibit 49 and 51 was partly allowed.

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3.

During pendency of this Petition, Petitioners have added one more prayer in Writ Petition thereby seeking direction to Presiding Officer, School Tribunal, Kolhapur to decide Petitioner's application below Exhibits 35 and 38 in Appeal No.14 of 2025 at the time of hearing of application Exhibit 5.

4.

Heard learned Advocate appearing for Petitioner and perused the record.

5.

It appears that Respondent No.1 has filed appeal before Presiding Officer, School Tribunal, Kolhapur raising challenge to termination order. He has filed an application below Exhibit 5 seeking stay to termination. While said application was pending, the Petitioners herein sought direction to hear appeal instead of hearing application below Exhibit 5. Learned School Tribunal after considering submissions and material on record observed that looking to the urgency of appellant, application below Exhibit 5 needs early hearing. The hearing of appeal may take its own time, hence, prayer of appellant for grant of stay to termination order requires pre-emptroy consideration. No jurisdictional error can be found in the approach of School Tribunal. The Tribunal is justified in 2/3

placing matter for hearing on Exhibit 5. It is informed that now hearing on application seeking stay is scheduled on 10th November 2025. In this backdrop, this Court do not find any reason to interfere in the impugned orders.

6.

So far as prayer of Petitioner that applications below Exhibit 35 and 38 may be heard alongwith application at Exhibit 5, it appears clear attempt to protract the hearing of application below Exhibit 5. 7.

The Petitioner shall be at liberty to press applications at Exhibits 35 and 38 in due course, however, the hearing of application below Exhibit 5 cannot be protracted for the aforesaid reason. Therefore, this Court is not inclined to accept the prayer clause (b-1) incorporated by way of amendment.

8.

In result, Writ Petition stands rejected.

(S. G. CHAPALGAONKAR, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2025.11.07 22:26:55 +0530 RAJU DATTATRAYA GAIKWAD 3/3