Mohammed Azmir Naeemuzzafer and Ors. Vs Malegaon Municipal Corporation Education Board and Ors.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 6985 OF 2009

Mohammed Azmir Naeemuzafer & Ors. .. Petitioners. V/s. Malegaon Municipal Corporation Education Board & Ors. .. Respondents.

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.. Respondents.

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Mr. N.R. Bubna for the Petitioner.

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Mr. Ramesh Dubey Patil i/by M/s. Jay & Co. for Respondent No.1 Mr. R.D. Rane for Respondent No.2. Mr. S.S.Patwardhan for Respondent Nos.3 and 4. Ms.L.B. Patane, AGP for the Respondent No.5 -State.

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--CORAM : J. N. PATEL AND A. A. SAYED, JJ.

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DATED : 10TH DECEMBER, 2009

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P.C. :

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The petitioners have filed this petition in public interest,

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seeking quashing of Government Resolution dated 21.07.2009 issued by the Respondent No.5- State to the extent it prohibits appointments of teaching staff without prior permission of the respondent no.5 as well as the letter dated 23.07.2009 issued by the respondent no.4.

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We have gone through the said G.R.. We find that the G.R.

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which is impugned in this petition, on the other hand protects the interest of the Malegaon Municipal Corporation which has not been following proper procedure in appointment of teachers and has accumulated huge arrears of salary. We do not find that the said G.R. in any manner is contrary to the provisions of the Constitution of India or statutory powers of the State. Therefore, there is no reason why this court should issue such a writ. On the contrary, the fault lies with the Municipal Corporation against whom the petitioners have not sought any relief whatsoever. Therefore, the petition is dismissed with a caution that in the future if the petitioners move this court for such a relief, the court will have to impose compensatory costs on the petitioners for absusing the process of the court.

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Petition is dismissed.

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(J.N. Patel,J.)

Mohammed Azmir Naeemuzzafer and Ors. v. Malegaon Municipal Corporation Education Board and Ors.

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Mohammed Azmir Naeemuzzafer and Ors. v. Malegaon Municipal Corporation Education Board and Ors.

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