1 wp4258.09.odt FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.4258/2009 ( Bharat Education Society, through its President, Nagpur +1 ..V/s.. State of Maharashtra, through its Secretary & others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.D. Mohgaonkar, counsel for petitioner. Ms. B.H. Dangre, Addl. G.P. for respondent nos.1 and 2. Mr. D. Duvvuri, counsel for respondent no.3. CORAM : D.D. SINHA & F.M. REIS JJ. DATE : 16 th NOVEMBER , 2009 . Heard Mr. Mohgaonkar, learned counsel for petitioner, Ms. Dangre Addl. G.P. for respondent nos.1 and 2 and Mr. Duvvuri learned counsel for respondent no.3. It is brought to the notice of this Court that the present petition is directed against the oder dated 23rd of July 2009 passed by the Education Officer whereby the President of Bharat Education Society is directed to appoint Mr. Gondane and report should be submitted to the office till 31/7/2009. It is brought to the notice of this Court that the order of transfer dated 4/12/2008 was challenged by the Bharat Education Society by filing Writ Petition No.5397/2008. By the said order the present petitioner and one Bhusari was transferred on the basis of the resolution dated 13/10/2007. There was a dispute about the genuineness of said resolution. This Court disposed of that petition by observing in para 7 of 2 wp4258.09.odt the order dated 27/2/2008 thus - “Considered the rival contentions contended by the respective counsel. In the instant case, the authenticity and genuineness of Resolution dated 13.10.2007 itself is in doubt. The petitioner claims that Respondent No.3 has fabricated this document; whereas claim of Respondent No.3 is otherwise. In any case, this is a disputed question of fact and, therefore, in extraordinary jurisdiction of this Honourable Court under Article 226 of the Constitution, we will not be able to consider the grievance of the petitioner in respect of genuineness of Resolution dated 13.10.2007 which is the basic document on the basis of which subsequent order of transfer came to be issued. In such a peculiar circumstances, we do not propose to show indulgence in the present petition; the same is disposed of accordingly.” Perusal of the impugned order dated 23rd July 2009 would show that the Education Officer is seeking implementation of order dated 4/12/2008 against which the writ petition filed by the Management came to be dismissed by this Court. Since the challenge to the order dated 4/12/2008 raised by the Management was dismissed, the action of the Education Officer in our view cannot be said to be bad in law. Hence writ petition is disposed of accordingly. JUDGE JUDGE Tambaskar.