1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 5172/2010. Kazi Moinuddin Kazi Habibuddin -VERSUS- State of Maharashtra and others. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : JULY 19, 2011. Heard Shri R.J. Mirza, learned Counsel for petitioner, Shri P.S. Patil, learned Counsel for respondent nos. 4 and 5 and learned A.G.P. for respondent nos. 1 to 3. After hearing the respective Counsel we find the challenge by the present petitioner in his capacity as Secretary of Trust managing the school is misconceived. Two change reports are going on between the parties. The Education Officer has permitted the School Committee which approached him to fill in the vacancies and accordingly those 2 vacancies have been filled in and approval has also been given. Contention before this Court is, the said School Committee is not the real school committee and permission needs to be given to real school committee headed by the real Chairman. It is also urged that infact there are no vacancies. When the Education Officer has granted permission, it is obvious that the department has found vacancies. It is also obvious that the newly appointed teachers are working in the school and therefore, the present petitioner has no role to play in the day to day administration of the School. School Committee de- facto in management has taken care of the situation. Hence the apprehension of the petitioner and his anxiety can be taken care of only after the change reports are decided and till then the vacancies in the school cannot be permitted to continue and education of students cannot be allowed to suffer. Hence, there is no substance in the contentions raised by the petitioner. Writ Petition is disposed of. No costs. JUDGE JUDGE Rgd