Disposed

President/Hon. Secretary and Anr. v. Prakash Ganpat Mode and Ors.

Bombay HC9 Mar 2005WP/611/2005

Case brief

AI extract

What is this about?

This High Court passed a consensual order in a writ petition against an impugned School Tribunal order. It directed the respondent to receive subsistence allowance, allowed petitioners to apply for evidence submission under cited precedent, and mandated an appeal disposal deadline.

What did the court decide?

Impugned order quashed; Respondent to receive subsistence allowance; Petitioners allowed to apply for evidence; Main appeal to be disposed by July 31, 2005.

President/Hon. Secretary and Anr. Vs… — Constitutional and Fundamental Rights | Bombay HC (2005)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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O. O. C. J.

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WRIT PETITION NO.611 OF 2005

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President/Hon.SEcretary, Mumbai

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Pradesh Arya Sabha & Anr.

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...Petitioners.

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Vs.

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Shri Prakash Ganpat Mode & ors. ...Respondents.

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Mr.A.Y.Sakhare, Senior Advocate with Ms.Anupama
Shah for the Petitioners.

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Mr.Shaikh Nsir Masih for Respondent No.1.

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Mr.L.Satelkar, AGp for Respondent Nos.2 and 3.

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CORAM : DR.D.Y.CHANDRACHUD, J.

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March 9, 2005.

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P.C. :

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After the Petition has been heard, Learned
Counsel appearing for the Petitioners and for the
First Respondent are agreed that the following
order may be passed by consent, in substitution of
the impugned order dated 14th February 2005 of the
Presiding Officer of the School Tribunal without

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any further reasons being recorded:

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(1) The First Respondent shall, without prejudice
to the rights and contentions of the parties, be
paid an amount equivalent to the subsistence
allowance in accordance with law, during the
pendency of the appeal before the School Tribunal;

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(2) In view of the judgment of a Learned Single
Judge of this Court in Adarsh Vidya Mandir Trust

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vs. Awadesh Narayan Komal Singh, 2005(1) Bom.C.R.
786, it would be open to the Petitioners to apply
before the School Tribunal for leading evidence to
substantiate the charge of misconduct against the
First Respondent. In the event that such an
application is made, the School Tribunal shall deal
with such application in accordance with law;

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(3) The School Tribunal shall expedite the disposal
of the main appeal and endeavour to do so on or
before 31st July 2005.

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(4) In view of the aforesaid arrangement, the
impugned order dated 14th February 2005 is quashed
and set aside.

President/Hon. Secretary and Anr. v. Prakash Ganpat Mode and Ors.

Case brief

What is this about?

What did the court decide?

President/Hon. Secretary and Anr. v. Prakash Ganpat Mode and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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