1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.255/2010 ( Sou. Vaijayanti Sahebrao Diware ..V/s.. Education Officer (Second.), Zilla Parishad, Nagpur & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Mohan Sudame, counsel for the petitioner. Mr. S.J. Jichkar, A.G.P. for respondent no.1. Mr. N.D. Khamborkar, counsel for the respondent no.2. Mr. S.R. Deshpande, counsel for the respondent no.3. Mr. B.G. Kulkarni, counsel for the respondent no.4. CORAM : D.D. SINHA & F.M. REIS JJ. DATE : 29 th MARCH , 2010 . Heard the learned counsel for the petitioner, the learned A.G.P. for the respondent no.1, the learned counsel for the respondent no.2, the learned counsel for the respondent no.3 and the learned counsel for the respondent no.4. It is not in dispute that one Mr. S.M. Tohare is the Seniormost Teacher in the Nutan Bharat Vidyalaya and Junior College. It is also not in dispute that he had given statement on his own free will in writing to the Education Officer on earlier occasion that he is voluntarily relinquishing his claim to the post of the head in favour of one Mrs. S.K. Kale and therefore, she was made Headmistress of the school. It is not in dispute that Mrs. Kale was retired as head of the school w.e.f. 30/11/2009. After her retirement the dispute arose whether Mr. S.M. Tohare gave similar statement on his own 2 in writing to the Education Officer in favour of Mrs. V.S. Diware. It is brought to the notice of this Court by the Education Officer that no such statement was given by Mr. S.M. Tohare in favour of Mrs. V.S. Diware. In that view of the matter, we direct the management to take appropriate steps by following the procedure stipulated in Rule 3 of the Maharashtra Employees of Private Schools (Conditions and Services) Rules, 1981 to appoint head of the institution and complete the process within four weeks from today. We direct the Education Officer to give administrative and financial powers to Mr. S.M. Tohare. With these directions writ petition is disposed of accordingly. Interim order, if any, stands vacated. JUDGE JUDGE Tambaskar.