1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4637/2009 NADERA SULTANA W/o. MOHD. JAVED VERSUS DEPUTY DIRECTOR OF EDUCATION AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.R.Joharapurkar, Advocate, for the petitioner Shri Adgokar, AGP, for Respondent Nos. 1 & 2. Shri, A.J.Thakkar, Advocate, for Respondent No. 3 CORAM : D.D.SINHA & F.M.REIS, JJ. DATE : NOVEMBER 4 , 2009 . Heard counsel for the parties. Learned counsel for the petitioner states that the petitioner being seniormost teacher in the school run by respondent no.3 and after retirement of the Headmistress viz. Smt. Nazera Quazi, the petitioner was entitled to be promoted to the post of Headmistress and therefore, the respondent no.3- Management, considering the claim of the petitioner, rightly promoted the petitioner to the post of Headmistress vide order dated 1.8.2009. Learned counsel for the petitioner further 2 submitted that the management-Respondent no.3 thereafter vide communication dated 24.08.2009 forwarded the proposal of the petitioner to the Deputy Director of Education for grant of approval. However, the Deputy Director of Education has not taken any steps in deciding the said proposal, except the Education Officer has granted financial & administrative powers to the petitioner who is discharging the said duties. Learned counsel for the petitioner, therefore, prayed that appropriate direction to the Deputy Director of Education be given to decide the proposal forwarded by the management within a stipulated period. Considered the contentions canvassed by the learned counsel for the parties. In the backdrop of the above referred facts, we dispose of the petition with direction to the Deputy Director of Education to decide the proposal forwarded by the management, if not decided earlier, on its own merits in accordance with the law. If there is a dispute in the management, the Deputy Director of Education should take into consideration all the relevant facts & circumstances, the seniority of the teachers as well as other attaining factors and take 3 a decision accordingly within a period of eight weeks from the date of communication of this order. Till then the administrative and financial powers which are given to the petitioner by the Education Officer shall be continued. With these observations and directions, the writ petition is disposed of accordingly. Steno copy granted. JUDGE JUDG E Rvjalit