Sudhir Vasudeo Patil v. The State Of Maharashtra Thru. Secretary And ORS

by ARUNA SANDEEP TALWALKAR Date:

2025.11.04 18:16:34 +0530 ARUNA SANDEEP TALWALKAR 24.wp14763.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14763 OF 2025 Sudhir Vasudeo Patil.

... Petitioner.

V/s.

The State of Maharashtra & Ors.

... Respondents.

--- Mr. P.A. Pol i/b. Pol Legal Juris, Advocate for Petitioner. Ms. Nisha Mehra, AGP for Respondent Nos. 1 and 2/State. --- CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

3rd NOVEMBER, 2025 P.C. :

1.

Respondent No. 5 is appointed as an In-charge Principal. It is well settled that an In-charge Principal derives no rights and appointment as 'acting' or 'In-charge' Principal is not a substantive appointment.

2.

The Petitioner is aggrieved with the seniority list dated 18/11/2024. In so far as the order dated 29/4/2025 appointing Respondent No. 5 as a Supervisor in precedence over the Petitioner, the Petitioner contends that this amounts to supersession. If the Petitioner is Talwalkar

24.wp14763.2025.odt aggrieved by the said decision, he can avail of a remedy under Section 9(1)(b) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short, "MEPS Act, 1977"), by approaching the School Tribunal.

3.

With liberty to approach the School Tribunal by filing an Appeal along with an Application for condonation of delay, this Petition is disposed off.

4.

The time spent by the Petitioner in this Court, from the date of the filing of the Petition on 22/8/2025 until the order being passed today, would be a good ground for condonation of delay. All contentions of the stakeholders are kept open.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Talwalkar