1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 570 of 2010 PETITIONER : Uruje Urdu Education Society, (Kalamb), Dist. Yavatmal, through its President, Abdul Kalim Kadar, R/o Kalamb, Dist. Yavatmal. ..VERSUS.. RESPONDENTS : 1] Rizwan Ahmed khan Raheman khan, R/o Barabhai Mohalla, Digras, Dist. Yavatmal 445 203. 2] Education Officer (Secondary), Zilla Parishad, Yavatmal. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : MARCH 18, 2010. Heard finally Dr. Anjan De, learned counsel for the petitioner and Mr. P.P.Thakre, learned counsel for the respondent no.1. Learned counsel for the petitioner contends that present President Abdul Kalim Abdul Kadar has been elected as such on 07.9.2004 and thereafter he appointed one Wasimuddin on 21.9.2005. The appointment of present respondent no.1 on 11.11.2005 is not by him and therefore, not legal and valid. The School Tribunal has not considered this controversy correctly and in absence of Wasimuddin as party to the proceedings, it has found his appointment bad in law. 2 Learned Advocate Mr. Thakre, on the other hand, states that the School Tribunal has found that till 12.1.2008, the petitioner Abdul Kalim has accepted Sayyad Maqsood as President. He, therefore, states that in appeal filed by the present respondent before School Tribunal vide Appeal No. 35/2009, Abdul Kalim sought intervention as Secretary and here in writ petition, he has described himself as President. With the assistance of both the learned counsel, I have perused the impugned judgment. It is apparent that Abdul Kalim has recognized Sayyad Maqsood as President till 12.1.2008 and his own status as Secretary. After filing of appeal in 2009 by present respondent no.1 before the School Tribunal, he filed application for intervention as Secretary. His contention that he was Secretary till 07.9.2004 and in elections conducted on said date he has been elected as President in place of Sayyad Maqsood, therefore, cannot be accepted. The School Tribunal has correctly appreciated the controversy. No interference is warranted in the matter in writ jurisdiction. Writ Petition is, therefore, dismissed. No order as to costs. It is made clear that observations made by this Court and School Tribunal shall not affect consideration of change report proceedings by the authorities functioning under the Bombay Public Trusts Act. JUDGE Diwale