1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5549 of 2008 Rupnavar Bajarang Nathaji and Anr. ..... Petitioners V/s. The State of Maharashtra and Ors. ..... Respondents Mr.Lalasaheb Bandal i/by Mr.Balasaheb Deshmukh, for the petitioners. Mr.A.B.Vagyani, AGP, for respondent No.1. Mr.M.S.Lagu, for respondent No.2. Mr.Pradeep S. Gole, for respondent No.2. CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : 29th June, 2010 P.C. 1. In an unfortunate dispute between two sets of the trustees, the petitioners who have been appointed since long, are awaiting approval to their appointment from the State Government. The respondent No.1 granted permission to respondent No.2 for giving an advertisement for filing the post of Assistant Teacher, as back as in September 2002. The present petitioners have been appointed in August 2002 for the said posts. However, the State Government has not granted any approval as there is a dispute between the two sets of trustees. The respondent No.2 is claiming to be in the Management at present. It seems that suit in the civil court is also pending between the two sets of trustees. 2 2. By way of this petition, the petitioners have prayed that appropriate directions may be given to the State Government to consider the proposal regarding approval to the appointment of the present petitioners. It seems that at the relevant time, there was injunction order passed by the Civil Court and hence, the State Government had not granted any approval. It is pointed out that at present, injunction order is not in operation. In view of this, the proposal sent by the trust at the relevant time, may now be reconsidered by the concerned Education Officer. The concerned Education Officer, after hearing the present petitioners as well as after hearing the respondent No.2 Management and more precisely, two sets of trustees of respondent No.2, may take an appropriate decision in the matter of granting approval in accordance with law. In our view, a teacher should not be allowed to suffer simply because there is a dispute going on between two sets of trustees. The Education Officer may take fresh decision as to whether approval is required to be granted or not in respect of the appointment of the petitioners, within a period of three months from today. As indicated above, the Education Officer may hear the two sets of trustees in this behalf and the decision if any, may be communicated to the concerned parties. In case the decision is adverse to the petitioners or against the other side, it will be open to the aggrieved party to challenge the said decision in accordance with law by 3 filing appropriate proceedings in this behalf. 3. It is clarified that we have passed the aforesaid order in view of the fact that it is pointed out to us that there is no injunction in force of the Civil Court. 4. Subject to what is stated above, the writ petition is disposed of. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )