1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7953 OF 2006 Madhav s/o Motiram Pardeshi, R/o-Karanjkhed, Tq-Kannad, Dist-Aurangabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through Secretary, Education Department, Mantralaya, Mumbai, and others. ...RESPONDENTS. ... Smt. Sangeeta D. Tambat (Dhumal) Advocate for Petitioner. Shri.V.H. Dighe, A.G.P. for Respondent Nos. 1 and 2. Shri.D.A. Karnik Advocate h/f. Shri. Vivek Dhage Advocate for Respondent No.3. Chaitral Kotwal Advocate h/f. Shri. S.R. Barlinge Advocate for Respondent No.5. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 9TH AUGUST, 2010. 2 PER COURT : 1. Heard learned counsel for the parties. 2. This Petition is pending since the year 2006. The Petitioner who was appointed as Headmaster of the school, for a temporary period, has prayed for following reliefs: " (B). By issuing Writ of mandamus or orders or any other Writ in the nature of Writ of mandamus, Education Officer (Secondary), Zilla Parishad, Aurangabad, may kindly be directed to grant approval to the petitioner to the post of regular Head Master w.e.f. 27.3.2006." 3. The pathetic story in which the school must be functioning, is reflected from the affidavit in reply filed by the Deputy Education Officer (Secondary). In para 4, 5 and 6 the deponent states that: 3 "4) Initially despite their being dispute in the Management and taking into consideration the seniority list and as there was no dispute about the seniority, Education Officer (Secondary), Zilla Parishad, Aurangabad accorded approval to the promotion of the Petitioner as In-charge Head Master for specific period from 01-03-2006 to 30-06-2006 and that period is already expired. In these circumstances it is difficult to decide the proposal for approval and therefore, thereafter no decision is taken. 5) Although approval was granted in favour of Petitioner and though it was for specified period, Petitioner was not allowed to work in the school at Karajkhed by the Secretary and he was relieved and transferred in the School at 4 Kadethan run by the Respondent No.3 Management. Teacher namely G.A. Tatu whose proposal submitted by the Secretary of Respondent No.3 has been relieved from the school at Kadethan and he was allowed to join duties as Head Master at Karajkhed. At present Petitioner is not on duty at both the places. In these facts and circumstances it is difficult for the Education Officer (Secondary), to take a final decision in relation to granting of approval to the promotion of Petitioner. 6) Since there are two groups in the Management of Respondent No.3 and they are taking decision contrary to each other, thereby creating several problems in the functioning of the school run by the Respondent No.3 Management. As a result of this situation the salary of the employees is also held up fro July, 2006 onwards. 5 Taking into consideration this situation, the Education Officer (Secondary) Z.P., Aurangabad submitted a detail report dated 05-07-2006 to the office of the Dy. Director of Education, Aurangabad and recommended an action for appointment of Administrator on the school. The Dy. Director of Education, Aurangabad has also forwarded the said proposal with positive recommendation to the Director of Education, M.S., Pune and the decision is awaiting. " 4. Without entering into the merits, allegations made against each other, the existence of two groups in the management or two managements functioning; we find that the higher Authorities shall look into the matter at the earliest. This is necessary to maintain high standard in education, the welfare of the students, teachers and over all management of the school. 6 5. In the light of the affidavit in reply filed by Deputy Education Officer (Secondary), Zilla Parishad, Aurangabad, we therefore, direct the Director of Education, Maharashtra State, Pune to issue notice to the Chairman and Secretary of the Management, call record and in the light of the earlier report submitted, take decision and pass appropriate orders within eight weeks from the date of receipt of copy of this order, if not earlier passed. Compliance report be submitted to this Court by the Director of Education. 6. With these directions the Writ Petition stands disposed of. . Authenticated copy of this order be provided to the learned A.G.P. [K.K. TATED, J.] [NARESH H. PATIL, J.] asb/AUG10/wp7953.06