Disposes of a writ petition seeking expedited direction to transfer a school, upholding the respondent's application of res judicata due to a pending prior petition for the same relief.
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.
wp4435-14
1
FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITON No. 4435 OF 2014
Swargiya Vithoba Dewaji Bawane Guruji Smriti Vrisharopan Sawardhan Shikshan Sanstha, Gadchiroli.
vrs.
Secretary, Ministry of Education, State of Mah. Mantralaya, Mumbai.
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders
Court's or Judge's orders
Shri Meshram, counsel for the petitioner. Smt. Deshpande, AGP for respondent.
CORAM : SMT. VASANTI A. NAIK AND P.R. BORA, JJ.
DATE : 18th SEPTEMBER , 2014 .
Heard.
By this petition, the petitioner seeks a direction to the respondent to expeditiously decide the proposal of the petitioner for transfer of the school, within a time frame.
Mrs. Deshpande, the leaned Assistant Govt. Pleader appearing on behalf of the respondent, states that the petitioner had filed Writ Petition No.2872/2012 seeking a direction to the respondents i.e. the State of Maharashtra, Deputy Director of Education and the Education Officer to decide/forward the proposal of the petitioner and in the said writ petition this Court had directed the respondent no.2 therein, i.e. the Deputy Director of Education, Nagpur to take a decision on the proposal submitted by the petitioner. It is stated that it is for the Deputy Director of Education to forward the proposal to the State of Maharashtra and the State of Maharashtra would take a decision on the proposal
2 wp4435-14
of the petitioner. It is stated that the Deputy Director has already forwarded the proposal to the State of Maharashtra. It is submitted that the present writ petition is not tenable as the previous petition is filed for the same relief and if this court did not issue a direction to the State of Maharashtra to decide the proposal of the petitioner, the petitioner can file an application for reviewing the order dated 4.7.2012 in the previous writ petition or seek a modification of the said order. It is stated that the present writ petition would be barred by principles of res-judicata.
By upholding the legal submission made on behalf of the respondent, we dispose of the writ petition with liberty to the petitioner to file appropriate application for review/modification of the order passed by this court in the previous petition. No costs.
JUDGE JUDGE
Hirekhan
Swargiya Vithoba Dewaji Bawane Guruji Smriti Vrisharopan Sawardhan Shikshan Sanstha, Gadchiroli
Secretary, Ministry of Education, State of Mah
Vasanti A. Naik
P.R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
