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Bombay High CourtMCA/609/2025allowed

Alhuda Society Welfare Society, Malkapur, Buldhana Thr. Secy., Sayyed Ibrahim Sayyed Yasin And ANR. v. Education Officer, (Secondary), Zilla Parishad, Buldhana And ORS.

2026-03-11Hon'Ble Shri Justice Abhay J. Mantri , Hon'Ble Shri Justice Sushil M. Ghodeswar3 pages

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IN THE HIGH COURT OF JUDICATURE AT NAGPUR

CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO.609 OF 2025 (Alhuda Society Welfare Society, Malkapur, Buldhana, Through Secretary Sayyed Ibrahim and another Vs.The Education Officer (Secondary), Zilla Parishad and others) IN WRIT PETITION NO.6722 OF 2024 Mr.Zeeshan J.Haq, Advocate for the petitioners. Mr.R.D.Karode, Advocate for respondent Nos. 5 and 6. Mr.A.V.Palshikar, AGP for respondent No.1/State. ( CORAM : ABHAY J.MANTRI AND SUSHIL M. GHODESWAR, JJ. ) (THROUGH V.C.) DATE : 11th MARCH, 2026 PER COURT :

1.

Heard the learned Advocate for the Applicants, the learned Advocate for respondent Nos. 5 and 6 and the learned AGP for the State.

2.

The learned Advocate for the applicants submits that the order dated 12.03.2025 passed by this Court in WP No.6722/2024 be modified, particularly, paragraph No.6 of the said order. Paragraph No.6 of the said order, reads as under :-

- 2 - "6. We also make it clear, that the Headmaster shall be entitled to perform all administrative and financial activities of the trust, independently, without being influenced by the factions headed by the petitioners or by the respondent Nos. 5 and 6 in any manner whatsoever."

3.

According to the learned Advocate for the applicants, this Hon'ble Court, while passing the order dated 12.03.2025, has inadvertently used the word 'trust' instead of 'school' in paragraph No.6. He further submits that the purpose of this review application will be served, if the said word 'trust' is replaced by the word 'school'. 4.

Per contra, the learned Advocate for respondent Nos. 5 and 6 opposed the review petition and submitted that there is no error in the said order under review. The learned APP submits that an appropriate order may be passed.

5.

We have gone through the order dated 12.03.2025. This Court, while disposing of the said writ petition, was concerned with the school's administrative and financial powers. In that context, the headmaster of the school was given authority to perform all

- 3 - administrative and financial activities of the school. However, inadvertently, instead of the word 'school', the word 'trust' came to be inserted.

6.

Having Considered the above and having gone through the record, we find substance in his submissions. In view of the above, we feel it appropriate to replace the word 'trust' with the word 'school' in line No. 3 of paragraph No.6 of the order dated 12.03.2025 in WP No.6722/2024. As it would not prejudice the rights of the parties, but would help the parties to perform day-to-day administrative work and financial transactions, including the release of teachers' salaries and the payment of other expenses.

7.

Accordingly, the review application is allowed in the above terms and disposed of. The corrected order should be uploaded. ( SUSHIL M. GHODESWAR, J.) ( ABHAY J.MANTRI, J.) Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 20/04/2026 18:57:47