2503wp4934.09.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4934 OF 2009 Sou. Laxmi K. Gajbhiye Vs. Rev. Sharad Naik & others Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. A. C. Dharmadhikari, Advocate for the petitioner. Mr. P. A. Gode, Advocate for respondent No. 1. Mr. N. D. Khamborkar, Adv. for respondents No. 1 & 4. Mrs. T. D. Khade, A. G. P. for respondent No. 2. Mrs. I. L. Bodade, A. G. P. for respondent No. 3. CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 25th MARCH, 2010. Heard. The grievance of the petitioner is in respect of impugned order dated 05/11/2009, whereby the Education Officer has informed the petitioner that if she refuses to join the services in Mecosabag Primary School since she was declared surplus, necessary action would be taken against her. Learned Counsel for the petitioner has submitted that the school in which the petitioner was declared surplus i.e. Mecosabag Primary School, Nagpur, respondent No. 4 was also serving there as Primary Teacher and was junior, therefore, the management should have declared respondent No. 4 as surplus instead of the petitioner as per the procedure and law. Learned Counsel for respondent No. 4, on the other hand, has submitted that the school in question being Minority Institution, the management had a right to appoint head of the institution as per their choice and respondent No. 4 was appointed as head of the institution, and therefore, the action of the management declaring the petitioner 2503wp4934.09.odt 2/2 surplus was just and proper. Learned Counsel for the respondent-management has submitted that the claim of respondent No. 4 is incorrect Be that as it may, considering the rival contentions canvassed, it will be appropriate to direct respondent No. 3-the Education Officer (Primary)to consider the grievances of the petitioner as well as respondents No. 1 and 4 and take decision in respect of the inter se seniority between the petitioner and respondent No.4, as well as in respect of the issue i.e. Mecosabag Primary School being a Minority Institution, whether the power exercised by the Management in view of Article 30 of the Constitution was just and proper. We direct the Education Officer to decide this controversy by taking decision in this regard within a period of four weeks from today. The impugned communication dated 05/11/2009 shall not come in the way of reconsideration of issues as directed by us. The petitioner, respondent No.1 and respondent No. 4 to appear before the Education Officer (Primary), Zilla Parishad, Nagpur on 29/3/2010 at 11 ‘O’ Clock. Till the decision is taken by the Education Officer as directed by us, the parties to maintain status quo. With these observations and directions, the writ petition is disposed of . Authenticated Steno-copy of this order be furnished to the parties. JUDGE JUDGE wwl