1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3330 OF 2009 1. The President/Secretary, Shivaji Shiknottejak Mandal, Mumbai & anr. ....Petitioners vs 1. Shri Pandit Baburao Divase & ors. ....Respondents Mr. A.G. Kothari for the Petitioners/ Mr. A.S. Khandeparkar for the Respondent No.1. Mr. P.I. Khemani, AGP, for the Respondent Nos.9 & 10. ALONGWITH WRIT PETITION NO. 8726 OF 2009 1. Shri V.N. Shirke & anr. ....Petitioners vs 1. Shri Pandit Baburao Divase & ors. ....Respondents Mr. Mihir Desai for the Petitioners. Mr. A.S. Khandeparkar for the Respondent No.1. Mr. P.I. Khemani, AGP, for the Respondent Nos.9 & 10. 2 CORAM : S.J. VAZIFDAR, J. DATE : 10TH FEBRUARY, 2010. P.C. :- 1. Rule in both the Writ Petitions. By consent, Rule made returnable forthwith and heard finally. 2. There is no dispute among any of the parties that the impugned order of the School Tribunal, to the extent that it appointed Respondent No.1 in Writ Petition No.3330 of 2009, cannot be sustained. This was not even the prayer in the appeal. Having set aside the appointment of Petitioner No.2 in Writ Petition No.3330 of 2009, the School Tribunal ought to have only directed the Management to appoint the Headmaster afresh and in accordance with law. The Management would, in that event, have had to appoint a Headmaster after considering all the eligible candidates. The challenge to the order of the School Tribunal setting aside the appointment of Petitioner No.2 in Writ Petition No.3330 of 2009 is not pressed. 3. In the circumstances, the impugned order is set aside only to the extent that it appoints Respondent No.1 in Writ Petition No.3330 of 3 2009 as Headmaster. This part of the impugned order is substituted with an order and direction against the Management to make the appointment to the said post of Headmaster in accordance with law. As some of the parties eligible to be considered are due to retire by the end of this month, it is imperative that the Management takes this decision on or before 19th February, 2010 and implements and communicates the same forthwith. The Secretary of the Institution is present in Court and on receiving instructions from him, a statement is made that the Management will take this decision on or before 19th February, 2010. The statement is accepted. 4. Both the Writ Petitions are, accordingly, disposed of. 5. All the parties are directed to act on a copy of this order, duly authenticated by the Private Secretary/Sheristedar.