1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 243 of 09 Matoshri v. The State and ors ------------------------------------------------------------------------------------------------------------- - Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Ms Kalyani Deshpande, Adv for petitioner Mr N.W. Sambre, GP for respdts no. 1 to 3 Mr A.S. Chandurkar, Adv for respdt no.4. Coram : D.D. Sinha and A.P. Bhangale, JJ Dated : 18th March 2009 1. Heard Ms Kalyani Deshpande, learned counsel for petitioner; Mr N.W. Sambre, learned Government Pleader for respondents no. 1 to 3 and Mr A.S. Chandurkar, learned counsel for respondent no.4. Writ Petition is directed against the impugned communication dated 2.1.2009, whereby approval is granted by respondent no.3 to respondent no. 4 as head-mistress of the School in question. Learned counsel for the petitioner has submitted that even if the School Tribunal allowed appeal of respondent no.4 and set aside order of termination with direction to the petitioner Society to reinstate her on the original post, even 2 then as per the seniority list of teachers in the school in question, there are three teachers senior to respondent no. 4 and, therefore, those teachers are eligible for the post of head-mistress. In the circumstances, approval granted by the Education Officer by the impugned communication is bad in law. 2. Mr N.W. Sambre, learned Government Pleader has submitted that in the instant case, three teachers who are more senior than respondent no. 4 have waived their claim for the post of head-master and given no objection for grant of approval to the name of respondent no.4 as head-mistress in writing. All these documents are annexed to the reply filed by respondent no.4. 3. Considered the rival contentions and perused the letters given by three Assistant Teachers those who are senior to the petitioner as per seniority list. In the facts and circumstances of the present case, it appears that the teachers who are senior to respondent no. 4 not only waived their claim for the post of head- mistress, but also have given no objection in writing for promoting respondent no.4 to the post of head-mistress and grant of approval. Similarly, none of them has filed petition or approached the Tribunal against the order of promotion of respondent no.4. 3 4. For the reasons stated hereinabove, no case is made out for showing indulgence. Writ Petition is accordingly dismissed. Judge. Judge. hsj