1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.523 OF 2010 (Subhash Markandrao Padole vs. The Educational Society and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND F.M. REIS, JJ. DATED : MARCH 29, 2010 Heard Shri Parchure, learned Counsel for the petitioner, Shri Bhoskar, learned Counsel for the respondent nos. 1 to 3, Shri Jichkar, learned Assistant Government Pleader for the respondent no.4, and Shri Borkar, learned Counsel for the respondent no.5. Shri Parchure, learned Counsel for the petitioner, states that at the time of filing of petition, the petitioner was the Head Master of the School in question. However, during pendency of the petition, the petitioner was suspended from the post of 2 Head Master vide order dated 1.2.2010 by the respondent no.2. It is submitted that respondent no.3 was appointed as Head Master of the School vide order dated 23.2.2010 by the respondent no.2 and his proposal for grant of approval has been forwarded to the Education Officer, which is pending for decision. However, the Education Officer has given financial powers to the respondent no.3 with effect from 25.2.2010 till 24.5.2010. In the backdrop of the above referred facts, we pass the following order : The petitioner is entitled to challenge the validity of the order of suspension dated 1.2.2010 passed by the respondent no.2. We direct the Education Officer to take a decision on the proposal forwarded by the respondent no.2 for grant of approval to the respondent no.3 as Head Master of the School in question on its own merits and in accordance with law and procedure applicable in this regard particularly keeping in view the provisions of Rule 3 of the Maharashtra Employees of Private Schools (Conditions of Service) 3 Rules, 1981. With these observations and directions, the petition is disposed of. JUDGE JUDGE khj