SRJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2276 OF 2009 Govind A. Yadav .. Petitioner V/s. The State of Maharashtra & Others .. Respondents. Mr. B.G.Tangsali, for Petitioner. Mr. Shekhar Ingavale, AGP for Respondent Nos. 1 to 3. Mr. A/G.Kothari, for Respondent Nos. 4 to 6. CORAM : F.I. REBELLO & R.V. MORE, JJ. DATED : JUNE 14, 2010 P. C.: 1. The grievance of the Petitioner is that he was not considered for the post of Head Master. The Petitioner earlier had made a representation against appointment of some persons to the post of Head Master in stead of Petitioner. In Writ Petition No.489 of 1995 , this Court had passed an order on 24th September, 2001 declaring that as the Respondent No. 5 is Minority Institution, it is not possible to force them to appoint the Petitioner as Principal (Head Master) of the school. That order was not challenged by the SRJ 1 Petitioner herein. 2. Subsequent thereto, in the Writ Petition No. 1830 of 2008, filed by Respondent No.5 against Department of Social Welfare and Others, the Learned Division Bench of this Court held that Respondent No.5 is a Minority Institution and as such, it is their right to fill in the post of Principal/ Head Master. 3. In our opinion, once the matter was raised before this Court and this Court on 24th September, 2001 has held that Respondent No.5 is a minority institution and as that order was not challenged by the Petitioner herein, the present Petition as filed would not be maintainable. 4. For the aforesaid reasons, there is no merit in the Petition. Writ Petition is accordingly disposed of. (R.V. MORE,J.) (F.I. REBELLO,J.)