Sanjay Gandhi Shikshan Prasarak Mandal, Thr. President, Haji Pyar Mohd. Noor Mohd. Malvi And ANR. v. State Of Maharashtra, Thr. Secretary, Dept. Of School Education And Sports, Mumbai And ORS

2025:BHC-NAG:11640-DB 1 920-wp-1173-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1173 OF 2025 Sanjay Gandhi Shikshan Prasarak Mandal, Malegaon and another Vs.

State of Maharashtra and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ---------------------------------------------------------------------------------------------------- Shri P. A. Kadu, Advocate for petitioner.

Shri A. V. Palshikar, AGP for respondent nos. 1 to 3/State. Shri Mir Rizwan Ali, Advocate for intervenor. CORAM :- SMT. M. S. JAWALKAR & M. W. CHANDWANI, JJ.

DATED :- 07.11.2025 Heard.

2.

The petition seeks quashing of the order dated 29.01.2025 passed by the respondent no. 3 whereby the proposal sent for grant of approval to the promotion made on the post of Head Master was rejected solely on the ground that the appeal filed by the proposed intervenor/terminated Head Master is pending before the School Tribunal, Amravati (for short, "the Tribunal"). 3.

It is common ground that the appeal filed by the proposed intervenor and pending before the Tribunal has been dismissed. Since the reason for which the approval was rejected does not survive in the wake of the disposal of the appeal by the Tribunal, therefore we quashed and set aside the order dated 29.01.2025 passed by respondent no. RR Jaiswal

2 920-wp-1173-25.odt 3- and direct respondent no. 3 to approve the appointment of Rehan Ul Haq Usman Ul Haq on the post of the Head Master subject to compliance of all the other conditions. 4.

In the above-said terms, the petition is disposed of. Pending applications, if any, are disposed of accordingly. (M. W. CHANDWANI, J.) (SMT. M. S. JAWALKAR, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 10/11/2025 11:01:08 RR Jaiswal