The Court rejected the Civil Application challenging the management's right to appoint a Headmaster based on seniority. It held that the order of 24/8/2011 does not require reconsideration despite the applicant's interim appointment.
The civil application was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2064 OF 2011 IN
WRIT PETITION NO. 1715 OF 2011
Shri Ashok Madhusudan Katule .. Applicant Vs. Anand Vishnu Sangade and ors. .. Respondents
Mr. Avinash Avhad for applicant. Mr. Nitin Dhumal for respondent no.1. Mr. C.R. Sonawane, AGP for respondent nos.2 and 3. Mr. Ajay A. Joshi for respondent no.4.
CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE JJ.
SEPTEMBER 28, 2011.
P.C.
We have heard the learned counsel for the applicant and the
order passed by us on 24/8/2011 does not take away the right of the management to consider the seniority list of the eligible teachers for passing a resolution so as to appoint Headmaster from amongst them as per the Rules. The applicant claims that he was, in the meanwhile, appointed
as In-charge Headmaster and this also indicates that the post of Headmaster
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was not filled in.
The learned counsel for the original petitioner states that the
Deputy Director of Education by his order dated 16/5/2011 has set aside the decision communicated by the letter dated 19/3/2011.
Be that as it may, we are satisfied that our order dated 24/8/2011 does not call for any reconsideration. Hence, the application is rejected.
(SMT. NISHITA MHATRE,J.) (B. H. MARLAPALLE, J.)
2 issues framed by the court
Whether the order of 24/8/2011 depriving the management right to consider seniority for Headmaster appointment calls for reconsideration.
Whether the Civil Application challenging the appointment status was maintainable.
Ashok Madhusudan Katule
Anand Vishnu Sangade
B. H. Marlapalle
Nishita Mhatre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
