The petitioner Society challenged the Education Officer's refusal to appoint a Headmaster due to a management dispute. The Court dismissed the petition, upholding the rejection as the appointees were not listed in Schedule-I and the dispute rendered the petition incompetent.
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.
WP5338-11
1
FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 5338/2011
(GRAMDARSHAN SHIKSHAN MANDAL, CHANDRAPUR VERSUS THE A.C.C. & OTHERS)
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders
Court's or Judge's orders
Shri P.P. Dhok, counsel for the petitioner. Mrs. Kalyani R. Deshpande, A.G.P. for the R-1, 2, 4 & 5. Shri S.P. Bhandarkar, counsel for the R-3.
CORAM : SMT. VASANTI A. NAIK AND SUNIL P. DESHMUKH, JJ. DATE : AUGUST 22, 2012 .
By this petition, the petitioner-Society impugns the order passed by the Education Officer (Secondary), Zilla Parishad, Chandrapur on 16.08.2011 refusing to grant approval to the appointment of one Shri Deorao Sawsakade as a Headmaster of the school run by the petitioner-Society. The petitioner-Society further seeks a direction to the Assistant Charity Commissioner, Chandrapur to remove certain entries in Schedule-I.
Shri Bhandarkar, the learned counsel for the respondent no.3, strongly opposed the prayer made in the petition and stated that though the petition is filed through Purushottam Dhok as Secretary of the petitioner-Society, Shri Dhok is not the secretary of the society and the respondent no.3 is the Secretary of the Society, his name being recorded in Schedule-I. The learned counsel for the respondent no.3 states that there is a serious dispute in regard to the management of the Society and the petition filed by the Society through its Secretary is not tenable, as Shri Dhok is not the Secretary of the trust.
WP5338-11
2
Mrs. Deshpande, the learned Assistant Government Pleader appearing on behalf of the Education Officer, submitted that the reasons recorded in the order dated 16.08.2011 for rejection of the proposal are absolutely correct as there is a serious dispute in the management of the Society and the appointment of Shri Deorao Sawsakade has been made by the persons, whose name do not appear in Schedule-I. It is further submitted that the appropriate authority has not signed the order of promotion and, hence, the proposal was rightly rejected.
On hearing the learned counsel for the parties, it appears that there is a serious dispute as to whether Shri Dhok is the Secretary of the petitioner-Society and whether the petition filed by the society through Shri Dhok claiming to be the Secretary of the trust could be entertained. Admittedly, the name of Shri Dhok does not appear in Schedule-I. The order of the Education Officer appears to be just and proper as there is a serious dispute in the management and the appointment of Shri Deorao Sawsakade has been made by the persons, whose name do not appear in Schedule-I. The Education Officer has recorded cogent reasons for refusing to grant approval to the appointment of the Headmaster in the school run by the petitioner-Society. The second prayer made in the petition cannot be granted in exercise of the writ jurisdiction. If the petitioner-Society is aggrieved by the incorrect recording of entries in Schedule-I, the petitioner can as well avail the remedy of approaching the Assistant Charity Commissioner.
WP5338-11
3
Since the petition is devoid of merit, the same is dismissed with no order as to costs.
JUDGE
JUDGE
APTE
2 issues framed by the court
Whether the High Court should interfere with the impugned order refusing to grant approval for the appointment of a Headmaster.
Whether the petition filed through an individual not listed in Schedule-I can be entertained amidst a serious dispute in the management of the Society.
Gramdarshan Shikshan Mandal, Chandrapur
The A.C.C. & Others
Vasanti A. Naik
Sunil P. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
