Masumiya Urdu Education Society, Thr. Its President, Buldhana And Others v. State Of Maharashtra, Thr. Its Sec. Education And Sport Dept., Mantralaya, Mumbai And ORS

1 caw981.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAW) NO. 981 OF 2024 IN WRIT PETITION NO. 1520 OF 2024 ( Masumiya Urdu Education Society and others ..vs.. State of Maharashtra, through its Secretary, Mantralaya, Mumbai and another ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Ram Karode, Counsel for the petitioners, Mr. A.M. Kadukar, AGP for respondent Nos.1 and 2, Mr. V.K. Paliwal, Counsel for the applicant/intervenor in CAW No.981/2024, Mr. Z.A. Haq, Counsel for the applicant/intervenor in CAW No.1013/2024. CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATE : 10-02-2025 The applicant/intervenor moved this application to implead him as a party as respondent. It is contended that he was appointed as an Assistant Teacher on 31-01-2009. However, the petitioner No.1 Society illegally terminated him; therefore, he filed this application.

2.

The learned Counsel for the petitioners vehemently opposes the application on the ground that the School Tribunal has dismissed his appeal, against which the petition is pending. However, no stay has been granted in the said petition; moreover, the applicant/intervenor joined the services in another institution.

3.

Having considered the reasons stated in the application and to determine the controversy between the parties, it would be proper to add the applicant/intervenor as a party as respondent. Hence, we allow the application. The

2 caw981.24.odt petitioners are directed to add the applicant as respondent No.3 in the petition within one week and supply the amended copy of the petition to the other side within a week thereafter. 4.

The application is disposed of accordingly.

Civil Application No. 1013/2024 The applicant/intervenor moved this application to add him as a party respondent as he is a trustee of the society. However, perusing the record, it seems that society is a party to the petition as petitioner No.1. If the applicant/intervenor has any grievance about the issue in the petition, then he will put it before society and, therefore, in our view, he is not necessary party to the petition.

2.

As such, the application is rejected. It is made clear that the applicant/intervenor can assist the added respondent No.3 if he desires so.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) adgokar Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 11/02/2025 19:12:21