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2013 Supreme(Bom) 2220

A.S.OKA, REVATI MOHITE DERE
Sanjay Ananda Salve – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:Sangharaj Rupwate i/by Santosh Parad, Advocates.
For the Respondents:R1 to R3 & R5, Ms. S.S. Bhende, AGP, R6 & R7, K.S. Bapat along with T.R. Yadav i/by Avinash K. Fatangare, Advocates.

JUDGMENT :

A.S. Oka, J.

1. The Petitioner in Writ Petition No.1959 of 2013 who is employed as an Assistant Teacher in a School run by the seventh Respondent has approached this Court by this Writ Petition under Article 226 of the Constitution of India with a prayer to issue a writ of mandamus to strictly enforce Rule 45 of the Secondary Schools Code (hereinafter referred to as “the said Code”) in Matoshri Savitribai Phule Madhyamik Vidyalaya, Nashik (for short “the said school”) where he is employed. The grievance in this Petition is as regards the non-implementation of the directions contained in the order dated 16th October 2010 issued by the Education Officer to the Head Master of the said school. The seventh Respondent is the institution which runs the said school and the sixth Respondent is the Head Master of the said school.

2. The Writ Petition No.8125 of 2013 has been filed by the seventh Respondent in the Writ Petition No.1959 of 2013. This Petition has been filed for challenging the legality and validity of the order dated 16th October 2010. As we have pointed out earlier, essentially the Writ Petition No.1959 of 2013 is for enforcement of the said order. In addition to t











































































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