Fr. Felix John Lobo v. The Education Officer (Primary) Ziilla Parishad And ORS.
(20)-WPST-29761-17.sxw BDPSPS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION STAMP NO.29761 OF 2017 Fr. Felix John Lobo ..Petitioner
Versus
The Education Officer (Primary), Zilla Parishad, Kolhapur and others ..Respondents Mr. Meelan Topkar a/w Ms. Pavitra Manesh, Advocate for the Petitioner.
Mr. S. B. Kalel, AGP for Respondent Nos.2 and 3. CORAM: B. R. GAVAI & SMT. BHARATI H. DANGRE, JJ.
DATE: 11th APRIL, 2018 P.C.: 1] Issue notice to Respondents for final disposal, returnable on 25/4/2018.
2] Mr. Kalel, learned AGP, waives service of notice on behalf of Respondent Nos. 2 and 3. Hamdast granted for serving Respondent Nos. 1 and 4.
3] Heard parties on the question of grant of adinterim relief. 4] Though the adinterim relief which is sought is in the nature of 1/2
(20)-WPST-29761-17.sxw mandatory directions, we find that a special case is made out by the Petitioner.
5] Petitioner, who has already been approved as Head Master, has been transferred by Respondent No. 4 - Management to Primary School. Undisputedly, the School to which the Petitioner is transferred, is having Classes 1st to 8th Standard. As such, in view of the law laid down by the Apex Court in the case of State of Maharashtra & Ors vs. Tukaram Tryambak Chaudhari & Ors1, Petitioner would be qualified to teach even in the Primary School. We are therefore of the prima facie view that, the approval is rejected on untenable ground. We further note that on account of denial of approval, salaries of entire teaching and nonteaching staff have been withheld for considerable time. 6] In that view of the matter, adinterim relief is granted in terms of prayer clause (b).
(SMT. BHARATI H. DANGRE, J.) (B. R. GAVAI, J.) 1 (2007) 9 SCC 201 2/2