Bombay High Court
Pandurang Rangnath Kurhe vs State Of Maharashtra And Ors on 2 March, 2017
Bench: R.V. Ghuge
(1) W.P. Nos. 2098/1998 & 0716/1999
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.
Writ Petition No. 2098 of 1998
District : Ahmednagar
Mhatardeo s/o. Vithoba Temkar,
Aged : 41 years,
Occupation : Service as
Head Master,
New English School (Old) and
(New) Shri Gurudas Bhaskar
Giri Maharaj Vidyalaya,
R/o. At Post Jalake,
Taluka Newasa,
District Ahmednagar. .. Petitioner.
versus
1. Shri Pandurang s/o. Rangnath
Kurhe,
Age : Major,
Occupation : Service
as Asst. Teacher in New
English School (Old),
(New) Gurudas Bhaskar Giri
Maharaj Vidyalaya,
At & Post Jalake,
Taluka Newasa,
District Ahmednagar.
2. Samata Shikshan Prasarak Mandal,
Kharwandi,
through its Secretary,
Shri Keshav s/o. Ananda Thorat,
Age : Major,
R/o. Kharwandi,
Taluka Newasa,
District Ahmednagar.
3. Shri Shivaji s/o. Yeshwant
Kolte,
Age : 40 years,
Occupation : Asst. Teacher,
R/o. Jalake,
Taluka Newasa,
District Ahmednagar.
::: Uploaded on - 07/03/2017 ::: Downloaded on - 08/03/2017 00:37:20 :::
(2) W.P. Nos. 2098/1998 & 0716/1999
4. Shri Ramkisan s/o. Bhanudas
Raut,
Aged : 38 years,
Occupation : Service,
as Asst. Teacher in
New English School (Old)
and (New) Gurudeo Bhaskargiri
Maharaj Vidyalaya, Jalake,
Residing at Jalake,
Taluka Newasa,
District Ahmednagar.
5. The Deputy Director of Education,
Pune Division, Pune,
Dr. Ambedkar Road,
Pune - 411 001.
6. The Education Officer
(Secondary),
Zilla Parishad,
Near Old S.T. Stand,
Ahmednagar.
7. The Presiding Officer,
School Tribunal,
Pune Region,
Sahastraarjun Mangal
Karyalaya, Sidheshwar Peth,
Solapur,
Taluka & District Solapur. .. Respondents.
...........
Mr. R.J. Godbole, Advocate, for the petitioner.
Mr. V.D. Sapkal, Advocate, for respondent no.01.
Respondent nos.02 and 03 served (Absent).
Mr. A.B. Kadethankar, Advocate, for respondent
no.04.
Mr. S.P. Tiwari, Asst. Government Pleader, for
respondent nos.05 and 06.
Respondent no.07 served (formal party).
...........
::: Uploaded on - 07/03/2017 ::: Downloaded on - 08/03/2017 00:37:20 :::
(3) W.P. Nos. 2098/1998 & 0716/1999
With
Writ Petition No. 0716 of 1999
District : Ahmednagar
Pandurang Rangnath Kurhe,
Age : 35 years,
Occupation : Service,
R/o. Jalke Kh.,
Taluka Newasa,
District Ahmednagar. .. Petitioner.
versus
1. The State of Maharashtra.
2. Dy. Director of Education,
Pune Region, Pune.
3. Education Officer,
Zilla Parishad,
Ahmednagar.
4. President,
Samata Shikshan Prasarak
Mandal,
At & Post Khardwadi,
Taluka Newasa,
District Ahmednagar.
5. Secretary,
Samata Shikshan Prasarak
Mandal,
At & Post Khardwadi,
Taluka Newasa,
District Ahmednagar.
6. Mhatardev Vithoba Temkar,
Age : 38 years,
Occupation : Service,
R/o. C/o. New English School
at Jalke Kh.,
Taluka Newasa,
District Ahmednagar.
7. Shri Shivaji Yashwant Kolte,
Age : 37 years,
Occupation : Service,
::: Uploaded on - 07/03/2017 ::: Downloaded on - 08/03/2017 00:37:20 :::
(4) W.P. Nos. 2098/1998 & 0716/1999
R/o. C/o. New English School
at Jalke Kh., Taluka Newasa,
District Ahmednagar.
8. Shri Ramkisan Bhanudas Raut,
Age : 35 years,
Occupation : Service,
R/o. C/o. New English School
at Jalke Kh.,
Taluka Newasa,
District Ahmednagar. .. Respondents.
...........
Mr. V.D. Sapkal, Advocate, for the petitioner.
Mr. S.P. Tiwari, Asst. Government Pleader, for
respondent nos.01, 02 and 03.
Respondent nos.04 and 05 served (Absent).
Mr. R.J. Godbole, Advocate, for respondent
no.06.
Mr. R.P. Phatake, Advocate, for respondent no.07.
Respondent no.08 served (Absent).
...........
CORAM : RAVINDRA V. GHUGE, J.
DATE : 02ND MARCH 2017
ORAL JUDGMENT :
01. Both the petitioners in these petitions have
challenged the same judgment of the School Tribunal,
dated 12.12.1997, by which the appointment of the
first petitioner Mr. Temkar as a Headmaster was set
aside and the management was directed to consider the
Mr. Kurhe petitioner in the second petition for
appointment to the post of Headmaster as per the
rules.
(5) W.P. Nos. 2098/1998 & 0716/1999
02. While issuing notice on 29.05.1998 in the
first petition, Mr. Temkar was protected and he
continued as Headmaster of the concerned school. By
order dated 23.11.1998, this petition was admitted
and the impugned judgment was stayed. Mr. Temkar
consequentially continued as the Headmaster and
retired on 31.05.2015.
03. It is informed that another senior Teacher
Shri Shivaji Yashwant Kolte has relinquished his
right as Headmaster of the school on 12.06.1990. He
has a few months left for attaining the age of
superannuation. He is a party to these proceedings.
04. Shri Sapkal, learned Advocate appearing on
behalf of the petitioner Mr. Kurhe in the second
petition, submits that the incumbent Headmaster of
the school, Mr. D.L. Barve has recently retired on
27.02.2017 which is just 04 days prior to the hearing
of this petition. As on date, the post of Headmaster
is vacant.
05. Considering the above, the first petition
filed by Mr. Temkar is rendered infructuous and is,
therefore, disposed of. It is made clear, that the
disposal of the first petition would not be an
impediment for the said petitioner Mr. Temkar from
claiming his retiral benefits on the post of
Headmaster, if there is no other legal impediment.
Rule is discharged.
(6) W.P. Nos. 2098/1998 & 0716/1999
06. In so far as the second petition filed by
Mr. Kurhe is concerned, it is claimed by him that he
is presently the senior most Teacher qualified to be
the Headmaster in the said school, notwithstanding
the fact that Mr. Kolte though senior to Mr. Kurhe
has purportedly relinquished his right to be the
Headmaster.
07. There can be no debate that Rule 03 of the
Maharashtra Employees of Private Schools (Conditions
of Service) Regulation Rules, 1981 [For short, "MEPS
Rules"] is with regard to qualifications and
appointment of the head of the institution. The
relevant provisions in relation to the claim of Mr.
Kurhe would be Sub-Sections 1(b), 2, 3 and the
Explanation below Sub-Section 3. It also requires no
debate that when there is a vacancy of the head of
the institution, the senior most qualified Teacher
having a satisfactory record of service is to be
called upon to submit his willingness for appointment
to the said post within a period of 15 days from the
date of receiving such an invitation.
08. Suffice it to say that as the post of
Headmaster of Gurudas Bhaskargiri Maharaj Secondary
School, Jalke, Taluka Newasa, District Ahmednagar
[Earlier known as "New English School, Jalke"] has
fallen vacant on account of the superannuation of Mr.
D.L. Barve, respondent nos.04 and 05 - management is
now expected to scrupulously follow Rule 03 of the
(7) W.P. Nos. 2098/1998 & 0716/1999
MEPS Rules for appointment of a new Headmaster.
09. Despite service of Court notice, respondent
nos.04, 05, 07 and 08 have not appeared in this
petition.
10. Considering the above, the petition filed by
Mr. Kurhe bearing No. 0716 of 1999 is disposed of
with the direction to respondent nos.04 and 05 to
scrupulously follow the scheme enunciated in Rule 03
of the MEPS Rules and especially Sub-Rule 03 and the
Explanation there below while appointing the
Headmaster. They shall accordingly extend an
invitation to the senior most Teacher today, having
satisfactory record of service as set out in the
Explanation, for obtaining his willingness for
appointment to the post of Headmaster. If the
petitioner Shri Kurhe is also eligible for the same,
the management may extend an invitation to him in
accordance with the Explanation below Sub-Rule 03 of
Rule 03 of the MEPS Rules, unless there is any legal
impediment.
11. Rule in both these petitions is, therefore,
discharged.
( Ravindra V. Ghuge )
JUDGE
...........
puranik / WP2098.98etc
