Allowed

Parbhani Eduation Society Parbhani Thr Its Secretary Dr Anwar Ali Shah and Another v. the State of Maharashtra and Others

Bombay HC23 Sept 2021WP/8776/2021

Case brief

AI extract

What is this about?

The High Court quashed an order staying a decision approving the appointment of a Headmaster. The Court held that staying the approval without issuing notice to the appointee violated the principles of natural justice.

What did the court decide?

Impugned order staying the approval date 20.07.2021 set aside. Respondent to issue notice to petitioner and interested parties before taking further action.

Parbhani Eduation Society Parbhani Thr Its Secretary… — Service and Employment | Bombay HC (2021)

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1 993-wp 8776-2021.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 8776 OF 2021

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Parbhani Education Society, Parbhani
Through its Secretary
Dr. Anwar Ali Shah
and another

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.. Petitioners

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Versus

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The State of Maharashtra and others

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.. Respondents

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Smt. Anjali Dube (Bajpai), Advocate for the Petitioners.
Mr. S. G. Karlekar, AGP for Respondent Nos. 1 and 2.
Mr. V. J. Dhage, Advocate for Respondent No. 4.

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CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
 DATED : 23rd September, 2021.

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PER COURT:-

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.Smt. Dube, learned counsel for the petitioners submits that the
petitioner no. 2 is granted approval as a in-charge Headmaster up to
30.11.2021. The petitioner no. 2 is appointed by the petitioner no. 1.
According to the learned counsel, abruptly under the impugned order,
the order granting approval is stayed. The petitioner no. 2 was never
issued with any notice.

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2.Mr. Dhage, learned counsel appears for respondent No. 4 and
submits that respondent No. 4 is the Secretary of the Parbhani
Education Society and petitioner no. 2 is not officiating as a
Headmaster. One regular Headmaster has been appointed namely

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1 of 2

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Syed Basheer. According to the learned counsel, the petitioner no. 2 is
not appointed by approved management.

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3.It appears that, the mess has been created by the Education
Officer. On 20.07.2021 approval is granted to the appointment of the
petitioner no. 2 as an in-charge Headmaster and on 23.07.2021 the
said approval order is stayed.

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4. Once the order of approval is passed and the same is sought to be stayed and / or set aside, the minimum requirement of adherence to the principles of natural justice has to be observed. In the present case, the same is violated. Without notice to the petitioner no. 2 the order of approval is stayed.

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5.In the light of that, the impugned order is set aside on the
ground that principles of natural justice were not adhered to. If the
respondent No. 3 wants to take further steps with regard to the order
of approval as an in-charge Headmaster dated 20.07.2021, then
respondent No. 3 may issue notice to the petitioner no. 2 and interested
parties may appear. The decision may be taken in accordance with law
thereafter.

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6. With these observations, writ petition is disposed of. No costs.

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( R. N. LADDHA )( S. V. GANGAPURWALA )
 JUDGE JUDGE

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P.S.B.

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Parbhani Eduation Society Parbhani Thr Its Secretary Dr Anwar Ali Shah and Another v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Parbhani Eduation Society Parbhani Thr Its Secretary Dr Anwar Ali Shah and Another v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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