The High Court dismissed the writ petition as not maintainable because the petitioner had withdrawn a previous petition on the same facts without seeking liberty to file a fresh one, following Supreme Court precedent.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.602 OF 2014.
(VAISHALI SAKHARAM KULKARNI..VS..THE STATE OF MAH. THR. EDUCATION & SPORTS DEPT. & 7 OTH.)
CORAM : SMT. VASANTI A. NAIK AND P.R.BORA, JJ.
DATED : SEPTEMBER 09, 2014.
Heard.
By this petition the petitioner seeks a direction to the Education Officer to conduct enquiry in the complaint of the petitioner in regard to the illegal appointment of the respondent Nos. 5 to 8 by the respondent No.2 Education Society.
Mr.Khapre, the learned counsel for the respondent Nos. 3 and 4 raises a preliminary objection to the tenability of the writ petition. It is stated that the petitioner had filed Writ Petition No.4676 of 2013 seeking a similar relief and the said writ petition was withdrawn by the petitioner without seeking liberty to file a fresh petition for seeking the same relief.
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By upholding the preliminary objection raised on behalf of the respondents, we decline to entertain the writ petition in view of the judgment of the Hon'ble Supreme Court, reported in AIR 1987 SC 88 ( Sarguja Transport Services Vs. S.T.A. Tribunal, Gwalior ).
The writ petition is dismissed with no order as to
costs.
JUDGE
JUDGE
RRaut..
1 issue framed by the court
Whether the writ petition is maintainable given that a similar petition was withdrawn without seeking liberty to file a fresh one.
Colour shows how this judgement treated each authority
Sarguja Transport Services Vs. S.T.A. Tribunal, GwaliorFollowed¶13
AIR 1987 SC 88 · Who else cites this
Vaishali Sakharam Kulkarni
The State of Mah. Thr. Education & Sports Dept.
Respondent Nos. 5 to 8
Vasanti A. Naik
P.R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
