JUDGMENT :

Ravindra V. Ghuge, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties

2. The issue that falls for our consideration in this petition is as to:

(a) whether a teacher who has resigned as the Head Master, can again rise and put forth a claim that he again desires to become the Head Master.

(b) whether such a teacher can be permitted to reclaim the position of a Head Master once he has resigned?

3. This petition has been filed by petitioner No. 1, an Educational Institution, through it’s secretary and petitioner No. 2, a teacher at Sr. No. 3 in the seniority list, prior to the retirement of the senior teachers Shri. K.B. Bhamre on 31-5-2019 and Shri. P.A. Bhat on 30-9-2020.

4. The petitioner has put forth prayer clause “B” and ‘C” ass under:

“(B) Issue a writ of certiorari or writ in the nature of certiorari to quash and set aside the order dated 19-8-2020 passed by the respondent No. 2 the Deputy Director of Education, Nashik Division, Nashik.

(C) Issue a writ of mandamus or writ in the nature of mandamus to the respondent Nos. 2 and 3 the Deputy Director of Education, Nashik Division, Nashik and the Education Officer (Secondary), Zilla Parish