4.wp.3213-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3213 OF 2009 Kondiram s/o. Vovindrao Budruksha. ..Petitioner. Versus The State of Maharashtra and 3 others. ..Respondents. .... Mr.M.A. Choudhari, Advocate for the Petitioner. Mr.C.R. Sonawane, A.G.P., for Respondent Nos.1 & 2. Mr.Harshad Bhadbhade, Advocate for Respondent No.3. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 25TH NOVEMBER, 2009 P.C.:- 1. The grievance of the petitioner is that his proposal of approval to his appointment is not being forwarded by the Management. 2. Firstly, there is no provision in our statute which obliges the Management of a recognized school to send proposal of approval to the appointment of any teacher to the Authorities of the Education Department if the Management does not want salary grant in relation to that 4.wp.3213-09 2 teacher from the Government. Therefore, a writ of mandamus cannot be issued to the Management of a school for forwarding the proposal for approval to the appointment of teacher to the Government. Even assuming that there is such a requirement, in our opinion, in this case we cannot force the Management to forward the proposal of approval to the appointment of the petitioner to the Education Department because there appears to be dispute between the Management and the teacher as to whether the teacher is actually in service of the Management as also whether he is actually attending the school. It being a disputed question of fact, it cannot be gone into in the writ jurisdiction of this Court. In our opinion,therefore, for more than one reasons, the Petition is rejected. (D.K.DESHMUKH,J) (K.K. TATED,J)