Deputy Director Of Education ... vs Ku. Yamu Narayanrao Bire And 3 ...
2021 Latest Caselaw 15577 Bom

                                                                                                                                    wp637.14+5848.13.odt
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                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     NAGPUR BENCH AT NAGPUR

                      WRIT PETITION NO. 637/2014
 Deputy Director of Education, Amravati.....Versus.....Ku. Yamu Narayanrao
                             Bire and others
                                   and
                      WRIT PETITION NO. 5848/2013
 Gramin Vikas Shikshan and Krida Prasarak Mandal and anr.....Versus.....Ku.
                     Yamu Narayanrao Bire and others

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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                            Ms. T.Khan, AGP for the petitioner


                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 28/10/2021

The petitions raise a challenge to the power and authority of the learned School Tribunal, to issue direction against the Deputy Director of Education for absorbing respondent-employee in some other college under the provisions of Rule 26(2)(iii) of the MEPS Rules, 1981.

Ms. Khan, learned AGP for petitioner in W.P.No. 637/2014 contents that in view of the language of Section 11 of MEPS Act, such a direction cannot be issued by the learned School Tribunal, as the language of Sections 11(1) and 11 (2) of the MEPS Act permits direction to be issued only against the management of the nature as specified in Section 11(2)(a) to (f) and in so far as the Government is concerned, there is only power to make recommendation as provided in Section 11(3) of the wp637.14+5848.13.odt

said Act. She therefore submits that the directions as issued by the learned School Tribunal directing the petitioner to take steps to absorb the respondent are beyond the jurisdiction of the learned School Tribunal and on this count the impugned judgment cannot be sustained in law.

Mr. Kadu and Mr. Kothari, learned counsel for the respondents are absent.

A similar issue has been raised in W.P.Nos. 2043/2010 and 2044/2010, which has been heard by me for some time, considering which list the present petitions along with W.P. Nos.2043/2010 and 2044/2010, on 16.11.2021, for further consideration.

JUDGE

rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:28.10.2021 17:18