Shaikh Rajjak Shaikh Supadu And ... vs Hakimkhan Kalekhan Mastri And Ors
2017 Latest Caselaw 8652 Bom

                               1                        WP-5577-07.doc



            IN THE HIGH COURT OF JUDICATURE AT B0MBAY
                      BENCH AT AURANGABAD

                      WRIT PETITION NO. 5577 OF 2007
                                   WITH
                    CIVIL APPLICATION NO. 6940 OF 2009

 1.       Shaikh Rajjak s/o Shaikh Supadu,
          Age : 66 years, occup. Business,
          R/o Talab Mohalla, Parola,
          District Jalgaon

 2.       Shaikh Salim Shaikh Masoom,
          Age 53 years, occup. Service,
          R/o Deopur, Dist. Dhule

 3.       Shaikh Yakub Abdul Rahaman,
          Age: 52 years, occup: Trader,
          R/o Mahmood Ali Road, Parola,
          District Jalgaon

 4.       Shaikh Chairagoddin Shaikh Sardar,
          Age: 50 Years, Occu: Service,
          R/o: Ramji Apartment, Rabudi,
          Jama Masjid, Thane.

 5.       Haji Hisamoddin Shaikh Budhan,
          Age: 62 Years, Occu: Agriculturist,
          R/o: Parola, District Jalgaon.

 6.       Shaikh Yakub Shaikh Ismail,
          Age: 45 Years, Occu: business,
          R/o: Parola, Dist. Jalgaon.

 7.       Shaikh Piran Shaikh Usman,
          Age: Major, Occu: Nil,
          R/o National Highway, Dhule.          .. Petitioners
                  Versus
 1.       Hakimkhan Kalekhan Mastri,
          Age: 70 Years, Occu: Nil,
          Parola, District Jalgaon.

 2.       Shaikh Mahmood Shaikh Allauddin,
          Age: 52 Years, Occu: Nil,




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          Chairman, School Committee,
          Anglo Urdu High School,
          Parola, District Jalgaon.

 3.       Shaikh Salahuddin Kamruddin
          Age: 40, Occ- Service
          R/o - Parola, District Jalgaon.

 4.       Shaikh Jamilur Raheman Shaikh Ismail,
          Age: 35 Years, Occu: Service,
          R/o: Anglo Urdu High School, Parola,
          District Jalgaon.

 5.       The Education Officer (Secondary),
          Zilla Parishad, Jalgaon.

 6.     The State of Maharashtra
        through its Secretary,
        Education Department, Mantralaya,
        Mumbai                                  .. Respondents
                ---
 Mr. L. V. Sangit, Advocate for petitioners
 Mr. A.G.Talhar, Advocate for respondents no. 1 to 4
 Mr. P. K. Lakhotia, Assistant Government Pleader for
 respondents no.5 and 6

                                   CORAM : SUNIL P. DESHMUKH AND
                                           SANGITRAO S. PATIL, JJ.

DATE : 13th November, 2017

ORAL JUDGMENT:

1. The petition has been moved by one group of persons

claiming to be in the management of trust Sahara Shikshan

Sanstha, Parola, against appointment of respondent no.4 as

Shikshan Sevak made under order dated 01-10-2006 by

school committee, Anglo Urdu High School, Parola run by

aforesaid trust, alleging said appointment to be without any

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authority and approval thereto by Respondent no. 5-

Education Officer (Secondary).

2. One writ petition bearing no. 190 of 2003 had been

filed in this court in which some orders with reference to the

Maharashtra Public Trusts Act, 1950 had been passed

granting stay to order passed on 11-02-2002 by the

Assistant Charity Commissioner, Jalgaon.

3. It appears, quite a few disputes have been going on in

respect of control over management of institute - Sahara

Shikshan Sanstha, Parola, District Jalgaon.

4. It further appears, an appeal had been filed before

School Tribunal,Nasik by one of the employees of the school

challenging his termination, making present respondent no.

4 and management of the institution parties to said appeal.

The appeal had been dismissed on 02-04-2009 and said

employee has been before this court under writ petition no.

3170 of 2010 in which rule has been issued on 06-07-2010

without any interim relief being granted, further observing

that appointment of assistant teacher if made by

management would be subject to final outcome of said writ

petition with clear information of the same to the employee

so appointed.

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5. In present petition, grievance has been made as

referred to earlier that appointment of respondent no. 4 in

2006 has been unauthorizedly made.

6. Respondent no.4's appointment appears to have been

pursuant to certain procedure being followed and approval

thereto has also been granted by concerned authority.

7. Several disputed questions appear to have been

involved. Taking into account aforesaid, we do not consider

that present writ petition challenging appointment of

respondent no. 4 may be efficacious proceedings.

8. In the circumstances, we are not inclined to interfere

with the order impugned and as such writ petition is

dismissed.

9. Writ petition is disposed of. Rule is discharged.

10. Civil application stands disposed of.

 SANGITRAO S. PATIL                         SUNIL P. DESHMUKH
     JUDGE                                        JUDGE


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