1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.1853 of 2009 In Writ Petition No.4716 of 2008 (Kalyan s/o Laluji Dongre and others v. Bhiva s/o Zingruji Kamane and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri R.L. Khapre, Advocate for Applicants/ R- 1 to 6. Shri A.P. Thakare, Advocate for Petitioners. Shri T.R. Kankale, AGP for R- 7. Coram : R.C. Chavan, J. Dated : 27 th August, 2009 By this civil application, respondent Nos.1 to 6 complain that direction no.3 issued by the Assistant Charity Commissioner on 28-7-2008, which reads as under, and which has not been stayed by this Court, has been breached by the petitioners : “3. Issue direction to the Non- 2 Applicants, not to take any policy decisions like recruitments, appointment of teachers, transfer, suspension, termination etc. without prior permission of this Authority.” It is stated that the petitioners have issued an advertisement after obtaining permission from the Education Officer, Zilla Parishad, Bhandara, to fill up the posts of Shikshan Sevaks. This advertisement appeared in Daily Tarun Bharat dated 26-8-2009 and is at Annexure-5 to the present civil application. Therefore, respondent Nos.1 to 6 pray that the petition be dismissed or the petitioners be restrained from proceeding with interviews scheduled to be held today, i.e. 27-8-2009, in pursuance of the advertisement. The learned counsel for the petitioners states that the petitioners have nothing to do with the advertisement or the permission obtained by the Head Master or the interviews scheduled by the Head Master. He submits that since there is a Government Circular, which mentions that when there is a dispute in the Management, the Head Master should proceed with the recruitment and, therefore, the Head Master might have obtained permission and issued advertisement. He states that he would file an affidavit on behalf of the petitioners within a week. In view of this statement at bar made by the learned counsel for the petitioners, no 3 orders are required to be passed on this civil application. Judge. pdl