The High Court at Nagpur dismissed a writ petition seeking direction for the petitioner's promotion, holding that the School Tribunal is the appropriate alternate efficacious remedy under Section 9 of the Maharashtra Employees of Private Schools Act.
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2008wp4436.14
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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 4436 OF 2014
Arvind Atmaram Ramteke VERSUS State of Maharashtra Deptt. Of Education & Ors.
Shri Wathore counsel for the petitioner.
CORAM : SMT. VASANTI A. NAIK AND A. S. CHANDURKAR, JJ. DATE : AUGUST 20, 2014 .
By this petition the petitioner seeks a direction to the respondent no.5-Society to implement the 100 Point roster and promote the petitioner as Head Master of Shriram Vidyalaya Bhandara.
According to the petitioner,without implementing the roster, the respondent no.5-management promoted the respondent no.10 on the post of Head Master of Shriram Vidyalaya Bhandara. It is the case of the petitioner that it was necessary for the management to have followed the roster while promoting the respondent no.10 on the post of Head Master.
On a reading of the Writ Petition and on hearing the learned counsel for the petitioner it appears that petitioner has not availed the alternate efficacies remedy of filing an appeal to the School Tribunal against supersession of the petitioner by the management under Section 9(1)(b) of the Maharashtra Employees of Private Schools (Conditions of
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Service) Regulation Act, 1977. The petitioner ought to have availed the alternate efficacious remedy of filing an appeal under Section 9 of the Act of 1977 for seeking the redressal of his grievance. The apprehension expressed on behalf of the petitioner that the Tribunal would not be in a position to decide the issue in respect of filling up of backlog or not following the roster is not well founded. The Tribunal surely has jurisdiction to consider the case of supersession of the petitioner on the grounds mentioned in the petition.
We decline to entertain the Writ Petition in view of alternate efficacious remedy. The Writ Petition is therefore disposed of with no order as to costs. The points raised in the petition are kept open.
JUDGE
JUDGE
svk
2 issues framed by the court
Whether the High Court is empowered to entertain a writ petition seeking direction for post promotion when an alternate efficacious remedy exists under the Maharashtra Employees of Private Schools Act
Whether the School Tribunal has jurisdiction to decide issues regarding roster implementation and backlog filling in supersession cases.
2 provisions across 1 enactments
Arvind Atmaram Ramteke
State of Maharashtra
Vasanti A. Naik
A. S. Chandurkar
As recorded by the court registry
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