Rajashri Shahu Chatrapati Shikshan Prasarak Mandal, Shirgaon And ORS v. The State Of Maharashtra Thr The Secretary, School Edu. And Sports Dept. And ORS
TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.03.04 10:38:53 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5969 OF 2024 Shri Rajashri Shahu Chatrapati & Ors.
...Petitioners
versus The State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION NO. 5988 OF 2024 Shri Rajashri Shahu Chatrapati & Ors.
...Petitioners
versus The State of Maharashtra & Ors.
...Respondents
---- Mr.Prashant Bhavake for the Petitioners in both the Petitions. Mr.V.M.Mali, AGP for the Respondent -State in WP No. 5969 of 2024.
Ms.Nisha Mehra, AGP for the Respondent -State in WP No. 5988 of 2024.
Mr.Yuvraj Narvankar for Respondent No.4.
---- CORAM :
RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 28th February, 2025 P.C. :- 1.
The learned AGPs inform us that the order of this Court, dated 5th February, 2025, has been complied with. 2.
A short affidavit to indicate compliance of the directions be tendered in the Registry.
3.
Out of the first six senior most teachers, serial Nos. 2, 3 and 6, have accepted the position of Headmaster. Accordingly, the Education Officer has handed over the charge to these three teachers. We, therefore, direct that until further orders, these three teachers would continue to officiate as the In-charge Head Masters. Eventually, if we are convinced that serial Nos. 1, 4 and 5 are not inclined, we would direct the regular charge to be handed over to these Petitioners.
4.
In view of the above, Rule. Interim order as above, to continue.
5.
Mr.Narvankar, the learned Advocate for Respondent No.4 and the learned AGPs, waive service of notice on Rule. 6.
The pendency of these Petitions would not be an impediment to the learned Assistant Charity Commissioner to proceed to decide the Change Reports.
7.
In the event of any of the above three In-charge Headmasters superannuating, the Education Officer will follow the same exercise and select the senior most teacher and appoint him as
a Headmaster. In view of the decision of the Education Officer, the Management shall submit the proposal, within five working days of such decision and will not create any obstruction in the appointment of such In-charge Headmaster.
9.
This direction will be applicable to all the schools operated by the Trust and the Education Officer would be taking the decision.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)