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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

921 WRIT PETITION NO.1800 OF 2022

WITH

CONTEMPT PETITION NO.73 OF 2022

ANAGHA SUDHIR KURUMBHATTE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

Mr. S.M. Kulkarni, Advocate for Petitioner;

Mrs. M.A. Deshpande, A.G.P. for respondent/State;

CORAM : RAVINDRA V. GHUGE

AND

S. G. MEHARE, JJ.

DATE : 4^th March, 2022

P.C.

1.

Call for the file in Contempt Petition No.73 of 2022 which is

connected with this petition. Taken on board.

2.

We have considered the grievance of the learned Advocate for

the petitioner who fairly states on the basis of the record that

respondent no.6 is the senior-most lady Teacher in the Pratibha

Niketan Education Society, Nanded. She was working in another

school. Being senior-most lady Teacher, she was promoted as the

Head Mistress of the Pradnya Niketan Girls School, Nanded which

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had a vacancy, under the orders of the Education Officer though the

management had recommended the case of the petitioner.

3.

We have perused our order dated 1^st December, 2021 in Writ

Petition No.7494 of 2021 filed by the present petitioner. We had

passed the following order:-

“1.

We have considered the submissions of the

learned Advocate for the respective sides. It is

undisputed that the learned Jt. Charity Commissioner

has passed a detailed order dated 01/07/2019 in suo-

motu application No.166/2018 and has appointed 3

persons as temporary trustees of the concerned Trust.

They are presently managing the affairs of the Trust.

2.

It is undisputed that the Pratibha Niketan

Education Society, Nanded conducts 2 schools, out of

which one school namely Pradnya Niketan Girls High

School, Holi is exclusively for the girl students. The Law

mandates that the senior most lady teacher, subject to

her consent, has to be appointed as the Head Mistress of

such a school.

3.

In view of the above, this petition is disposed off

directing the said Committee of 3 trustees to

recommend the name of the senior most lady teacher

appearing in the seniority list dated 01/07/2020 placed

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at page No.24 in the memo of the petition, to the

Education Officer / respondent No.3, on or before

15/12/2021. Thereafter, the Education Officer shall

follow the procedure laid down in Law and appoint the

eligible senior most lady teacher who has consented, as

the Head Mistress of the Pradnya Niketan Girls High

School, Holi. After such order is passed on or before

30/12/2021, respondent No.7 who is presently the In-

charge Head Master, shall hand over charge to the Head

Mistress. He is agreeable.

4.

Pending civil application filed by one of the

trustees, would not survive. Hence, it stands disposed

off.

5.

Similarly, CA No.11310/2021 also stands

disposed off.”

4.

The learned Advocate further submits that the present

petitioner is now recommended as the Head Mistress of Pratibha

Niketan High School in Nanded District itself and the said proposal is

pending with the Education Officer.

5.

In view of the above, we do not see any illegality having been

committed by the Education Officer. The petition is disposed off.

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6.

We expect respondent no.3 Education Officer (Secondary) to

grant the proposal of the petitioner within two weeks from today, in

the event of there being no legal impediment.

7.

In view of the above, Contempt Petition No.73 of 2022 is

disposed off at the request of the petitioner.

(S. G. MEHARE, J.)

(RAVINDRA V. GHUGE, J.)

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