(1) WP 3322.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3322 OF 2009 Faizul Uloom Education Society Through its Secretary and anr. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. M.C. Syed, Advocate for the Petitioners. Mr. N.B. Patil, A.G.P. for the Respondent-State. Mr. V.S. Panpatte, Advocate for the respondent no.3 ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 25TH JULY, 2011 ORAL ORDER: 1. The petitioner no.1 is an Institution in which petitioner no.2 claims to be the seniormost Teacher. She therefore contends that she is entitled to be appointed as the Headmistress of the school. Writ Petition no. 5319 of 2008 was filed by another Teacher claiming appointment as the Headmistress. The petitioners in this Petition were respondents in Writ Petition no. 5319 of 2008. While considering that Petition, we have observed as follows:- "3. The education officer is unable to decide the issue in view of the two factions (2) WP 3322.2009 which have sent contrary proposals for approval of the Head Mistress. We have been informed that change reports of both the factions are pending decision before Charity Commissioner. 4. In our view, unless those change reports are decided, the Education Officer cannot be directed to decide the issue of approval of the appointment of either petitioner no.2 or respondent no.4 as Head Mistress of the school. 5. The pay bills of the staff are being signed by a teacher who is the senior most, after petitioner no.2 and respondent no.4 and therefore, the staff of the school is not affected as regards the salary payable to them." 2. In these circumstances, we see no reason to entertain the present Writ Petition. However, it is expected that the Charity Commissioner would decide the Change Reports as expeditiously as possible since a school cannot be run without a regular Headmistress appointed in accordance with law. Petition rejected. Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp/