112wp1733.10.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 1733 of 2010 (Chandrakant Shikshan Sanstha and anr. vs. The Edu Officer (Secondary), Z.P., Nagpur) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 11/02/2011. Heard Mr.A.A.Naik, Adv. for the petitioners, Mr.N.R.Rode, Assistant Government Pleader for respondent no.1 and Mr.A.S.Chandurkar, Adv. for respondent no.2. Civil Application No. 2459 of 2010 is moved by respondent no.2 for disposal of the petition. Mr.A.S.Chandurkar, Adv. for respondent no.2 has submitted that the issue involved in the present petition is in respect of grant of approval to the post of petitioner no.2 as a Headmaster of the school in question. Counsel for respondent no.2 states that, the issue, so far as the seniority of respondent no.2 is concerned, was referred to the Education Officer under Rule 12 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 and the 112wp1733.10.odt 2 . Education Officer, after considering the issue, passed order dt. 5/8/2010 whereby it has been held that respondent no.2 is senior to petitioner no.2. It is further submitted that, the issue involved in the present petition, in view of the order passed by the Education Officer dt. 5.8.2010, no more survives and hence, the petition may be disposed of accordingly. Mr.A.A.Naik, Adv. for the petitioners has submitted that the petitioners have already challenged the order passed by the Education Officer dt. 5.8.2010 before the learned Single Judge, who has permitted the petitioners to raise the question involved in the said petition before the School Tribunal in the appeal filed by respondent no.2. In these circumstances, the learned Counsel for the petitioners prays that the petition may be disposed of by keeping the issues raised in the petition open with liberty to raise the same before the Tribunal. In the backdrop of the above referred facts, nothing survives in the petition. Hence, the petition is disposed of by keeping the issues open. The petitioners are entitled to raise the said issues in the appeal filed by respondent no.2 before the School Tribunal. JUDGE JUDGE jais