The Cultural Education Society, ... vs The Education Officer (Pri.) Zp, ...
2021 Latest Caselaw 11592 Bom

 Judgment                                  1                            wp2033.21.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                         NAGPUR BENCH, NAGPUR.


                          WRIT PETITION NO. 2033 OF 2021

 The Cultural Education Society,
 through its Secretary,
 Sumukh Diwakar Varadpande,
 aged about 70 years, agriculturist,
 resident of Samarth Nagar (East),
 Ajni Square, Wardha Road, Nagpur.

                                                               .... PETITIONER.

                                     // VERSUS //

 1. The Education Officer (Primary),
    Zilla Parishad, Nagpur, Civil Lines,
    Nagpur.

 2. Deputy Director of Education(Primary),
    Nagpur Division, Nagpur,
    Civil Lines, Nagpur.

 3. Anita Rajendra Vairagade,
    Aged 52 years, Occu.: Teacher,
    R/o. 3rd Floor, C-Wing, Gandhi Gate,
    Mahal, Nagpur.
                                                            .... RESPONDENTS.

  ______________________________________________________________
 Shri V.S.Bapat, Advocate for Petitioner.
 Shri Shaikh Majid, Advocate for Respondent No.1.
 Ms Ketki Joshi, G.P. for Respondent No.2.
 Shri Akshay Joshi, Advocate for Respondent No.3.
 ______________________________________________________________

                           CORAM :    SUNIL B. SHUKRE AND
                                      ANIL S. KILOR, JJ.

                           DATED :    AUGUST 23, 2021




  Judgment                                 2                              wp2033.21.odt




 ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)

 1.           Heard.


 2.           RULE. Rule made returnable forthwith.             Heard finally by

consent of the learned counsel for the parties.

3. The bone of contention between the Management on one

hand and the respondent Nos. 1 and 3 on the other is that the

respondent No.1 has given temporary charge of the post of Headmaster

to respondent No.3 illegally, there being no proposal sent in that regard

by the Management of the school i.e. the petitioner.

4. The reply filed by the Education Officer now has clarified

the position. The reply discloses that in the school there are only two

teachers, who are working. Respondent No.3-Ms Anita Rajendra

Vairagade is senior most and Ms Pranali Kharbade is a teacher who is

next to her, as informed across the bar by the learned counsel for the

respondent No.1 and also respondent No.3. The learned counsel for

the respondent No.3 submits that Ms Pranali Kharbade, next senior

most teacher, has given her no objection for temporarily appointing Ms

Anita Vairagade as In-charge Headmistress. This position is not

disputed by the petitioner. The petitioner also does not dispute that it

Judgment 3 wp2033.21.odt

sent no proposal regarding giving of temporary charge of the post of

Headmaster to anybody.

5. In this fact situation, the objection taken by the petitioner

that, the respondent No.1 ought not to have temporarily appointed Ms

Anita Vairagade as temporary Headmistress, is too technical. In fact, if

this objection is upheld by this Court, it would result in rendering the

administration handicapped, in the sense that the administration

would not be able to carry on even routine affairs of the school, like

payment of salary, grant of leave and so on. Even otherwise, when the

next senior most teacher has already given no objection for giving

charge of the post of Headmaster to Ms Anita Vairagade, there is no

other option left but to choose Ms Anita Vairagade for giving of such

temporary charge.

6. In these circumstances, we find no substance in the

petition. The petition stands dismissed. No costs.

Rule is discharged.

                   ( ANIL S. KILOR, J )            ( SUNIL B. SHUKRE, J.)


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