1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5450 OF 2010 (Nitin Arvind Wankhede vs. State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : MARCH 1, 2011 Heard Shri Joshi, learned Counsel for the petitioner, Shri Khubalkar, learned Assistant Government Pleader for respondent nos. 1 and 2, Shri Parchure, learned Counsel for respondent no.3, Shri Paliwal, learned Counsel for respondent no.4, and Shri Shelat, learned Counsel for the respondent no.5. The petition is directed against the order dated 26/10/2010 passed by the Education Officer (Secondary), Buldhana. It is brought to the notice of this Court 2 that respondent no.4 has challenged the order dated 1/9/2010 passed by the Education Officer whereby petitioner is declared to be eligible for appointment to the post of Head Master since respondent no.4 declined to accept the same, by filing appeal before Director of Education, which is pending for decision. Shri Joshi, learned Counsel for the petitioner, states that the Director of Education may be directed to decide the appeal filed by the respondent no.4 and till then, the impugned order dated 26/10/2010 may kindly be stayed, which may be made subject to decision of the appeal. Since appeal filed by the respondent no.4 is pending before the Director of Education, it will be appropriate to pass the following order : The Director of Education is directed to decide the appeal filed by the respondent no.4 in accordance with law and procedure applicable in this regard within a period of eight weeks from the date of communication of this order. Till then, in the interest of justice, impugned order dated 26/10/2010 is stayed. The interim order of grant of stay shall not create any right or equity in favour of the 3 petitioner. With these observations and directions, the petition is disposed of. JUDGE JUDGE khj