Ayazuddin S/O Aminuddin Syed v. The State Of Maha., Thr. Secretary, Education And Sports Dept., Mumbai And ORS.

1 942-wp 1148.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1148 OF 2024 ( Ayazuddin S/o Aminuddin Syed vs. The State of Maharashtra and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. C.V.Kale, Advocate for the petitioner.

Ms. N.P.Mehta, Additional Government Pleader for the respondent Nos.1 and 2.

Mr. A.B.Patil, Advocate for respondent Nos.3 and 4. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ.

ATE : AUGUST 13 , 2024 Heard learned Counsel for the parties.

2) We direct the Secretary, School Education Department to file an affidavit explaining the decision taken pursuant to the communication dated 05/10/2011, which was addressed to the Director of Education, Pune, copy of which also marked to the Education Officer, Amravati and Chief Officer of the respondent Municipal Council. By the said communication the State Government has issued instructions to hand over the charge of the post of 'Head Master' in-charge to the senior-most Teacher working in the Urdu Medium School.

3) It is not in dispute that the petitioner is the senior-most Teacher. That being so, we deem it appropriate to direct the respondent Municipal Council to hand over the charge of the post of in-charge 'Head Master' of Urdu Medium School forthwith to the petitioner pursuant to the directions dated 05/10/2011 issued by the State Government.

2 942-wp 1148.2024.odt 4) We need to clarify that the order dated 30/11/2023, thereby withdrawing charge of post of 'Head Master' from the petitioner to the aforesaid extent shall not be implemented until further orders. We clarify that the order dated 30/11/2023 imposing punishment on the petitioner is not interfered with on other issues.

5) We direct the learned Additional Government Pleader to communicate this order to the Secretary, School Education Department.

6) Stand over to 30/09/2024.

( ABHAY J. MANTRI, J. ) ( NITIN W. SAMBRE, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 14/08/2024 15:44:41