1 CP 360 OF 2008 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CONTEMPT PETITION NO.360 of 2008 in WRIT PETITION NO. 1004 of 2007 Pralhad s/o Ramchandra Shinde, Age 37 years, occu. Service, r/o. Co.Nutan Prathmik Vidya Mandir, Latur, Tq. & Dist. Latur. ...PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai 32. 2. J.D.Salunke, The Education Officer (Primary) Zilla Parishad, Latur. 3. Shri Jaganath B.Kadtane, President: Pragati Dnyan Prasarak Mandal, Maharashtra Housing Society, Barshi Road Latur, Tq. & Dist.Latur. (Resp.No.1 to be served on the G.P. High Court Aurangabad). ...RESPONDENTS ... Mr. M.D.Gitte, Adv., for the petitioner. Mr. S.V.Kurundkar, Addl.G.P., for R.1. Mr. S.B.Kadu Patil, Adv., h/f Shri V.D.Hon, Adv., for R.2. Mr.P.V.Mandlik, Senior Counsel, h/f Mr.Amit Mukhedkar, Adv., for R.3. 2 CP 360 OF 2008 CORAM: K.U.CHANDIWAL, J. DATE:15/12/2010 *** PER COURT : 1. Heard. The decision of the learned Presiding Officer, School Tribunal, at Sholapur, in Appeal No.259/2009, was subjected to Writ Petition No.1004/2007 which came to be dismissed summarily on 15.2.2007. The controversy in the said writ petition was concerning Jagannath Kadtane Primary School, Barshi Road, Latur, while present proceedings are initiated by the petitioner against the same management but holding the school under title as Nutan Primary School at Latur. 2. In the affidavit in reply of respondent no.3, in paragraph no.8, the conduct of the petitioner, not befitting to be a competent person to act, to impart education to the pupils, is demonstrated. There is no specific denial to these aspects, as details of even criminal prosecution has been displayed. 3. The affiant, respondent no.3, has illustrated in paragraph no.5 as to under what situation and circumstances Smt.Latadevi Bondarde 3 CP 360 OF 2008 was appointed and, indeed, she was appointed by appointment order dt.1.11.2008 prior to any communication from the petitioner of sweeping observation of this Court in Writ Petition No. 1004/2007, to consider case of the present petitioner, as he belongs to reserved category. 4. The Government policy dt.23rd Oct.,2007, is illustrative, mandatory to be adhered to, while making appointment of the Headmaster. With the assistance of learned Senior Counsel, I have browsed seniority list at page no.33 of the affidavit wherein the present petitioner is at Sr.No.9 while the benediction as Headmaster in favour of Shri Mane J.T. is for the candidature at Sr.No.6. The grievance that petitioner can be considered in the post vacated by Smt.Bondarde though is cozy, however, as seniority of Mr.Mane J.T. was to be considered, it was done by the management. I do not see any contempt on the part of the respondents. Contempt Petition lacks merit, dismissed. (K.U.CHANDIWAL) JUDGE agp/360-08cp