1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 5146/2010 (Narendra Deorao Asekar VERSUS Swayat Bahuuddeshiya Shikshan Sanstha & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.A. Thakare, Assistant Government Pleader for the respondent no.3. CORAM : SMT. VASANTI A. NAIK, J. DATE : FEBRUARY 2 , 2011 . Though this matter was partly heard on 01.02.2011 and the writ petition was fixed for today on the request of the learned counsel for the petitioner, none appears on behalf of the petitioner. Shri Thakare, the learned Assistant Government Pleader appearing on behalf of the respondent no.3 is present. By this petition, the petitioner impugns the order passed by the Presiding Officer, School Tribunal, Chandrapur on 07.07.2010, rejecting an application filed by the petitioner and the respondent no.1 to the appeal before the School Tribunal for recording a compromise as it was not signed by all the parties. It appears that an appeal was filed before the Presiding Officer School Tribunal, Nagpur (Chandrapur) by the petitioner against the respondent no.1-Society, the Headmaster of Gram Vikas Vidyalaya and the Education Officer (Secondary), Zilla Parishad, Chandrapur. During the pendency of the appeal, an application was filed by the petitioner and the respondent no.1 to the appeal for recording 2 of the compromise under Order XXIII Rule 3 of the Code of Civil Procedure. By the term in the compromise pursis, the management had agreed to reinstate the petitioner in service on the post of Headmaster in the School within a period of seven days from the date of the compromise. However, it appears from the appeal memo that the Headmaster of the said school was also shown as the respondent no.2 and he had not signed the compromise pursis. In this Court, an affidavit-in-reply is filed on behalf of the respondent no.3-Education Officer (Secondary), Zilla Parishad, Chandrapur. It is stated in the reply that there is a dispute in the management of the respondent no.1- Society and during the pendency of the appeal before the School Tribunal, the Assistant Charity Commissioner, Chandrapur, by an order dated 20.11.2008, directed the Education Officer to appoint one Shri Awari as a Headmaster in the school run by the respondent no.1-management. It is further stated in the affidavit that the Deputy Director of Education had, by the communication dated 02.12.2008, directed the respondent no.3 to grant approval to the appointment of the Headmaster and, accordingly, the Education Officer has granted approval to the appointment of Shri Awari as Headmaster from 20.11.2008 till the decision of the Court/Tribunal in the appeal. As such, according to the affidavit-in-reply, there is no vacant post of Headmaster and in such circumstances, according to the respondent no.3, the compromise application was rightly rejected by the Tribunal. On consideration of the submissions made in the affidavit-in-reply filed on behalf of the respondent no.3 and 3 also because the compromise application was not signed by all the parties, it appears that the Presiding Officer, School Tribunal, Chandrapur did not commit any error in rejecting the application filed by the petitioner and the respondent no.1 for recording of compromise, by the impugned order dated 07.07.2010. The compromise order could not have been passed in the facts and circumstances of the case. Since the order dated 07.07.2010 does not suffer from any error, the same cannot be interfered with, in exercise of the writ jurisdiction. The writ petition fails and is dismissed with no order as to costs. JUDGE APTE