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2002 Supreme(Bom) 816

B.H.MARLAPALLE, D.G.KARNIK
Nutan Vidyalaya Shikshan Sanstha & another – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - KARNIK D.G., J.:---The petitioner No. 1 society runs a school known as Nutan Vidyalaya at Sailu District Parbhani and also runs another school known as L.L.R. Girls School which is a Girls Secondary School. Petitioner No. 1 also runs Junior Colleges.

2. On 1st of May, 1987 the petitioner society appointed one Shri V.H. Datar who was then the senior most Assistant Teacher to the post of Head Master and appointed Shri R.A. Giri, the petitioner No. 2 to the post of an Assistant Head Master. Both the appointments were approved by the Education Officer, Zilla Parishad who is the respondent No. 3 herein, by a communication dated 24th September, 1987.

3. Shri V.H. Datar, the Head Master of Nutan Vidyalaya retired on 30th April, 1989, Shri R.A. Giri, the petitioner No. 2, who was then the Assistant Head Master informed the management in writing on 9th June, 1989 that on account of domestic difficulties he was unable to accept the post of a Head Master for a period of two years. Hence, the petitioner appointed Shri M.S. Kondapalli, the senior most amongst the Assistant Teachers, who was also working as a Supervisor, as the Head Master. The management sought the approval of the re








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