1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Misc. Civil Application No.1189 of 2007 In Writ Petition No.900 of 2007 (D) (Baban Damduji Jawade and another v. Madhukar s/o Laxmanrao Ambhorkar and others) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri R.S. Parsodkar, Advocate for Applicants. Shri A.Z. Jibhkate, Advocate for R- 1 to 3. Shri T.R. Kankale, AGP for R- 4 and 5. CORAM : A.P. Deshpande & R.C. Chavan, JJ. DATE : 10th January, 2008 This is a review application seeking review of a judgment dated 20-9-2007. Undisputedly, the present applicant came to be appointed as Head Master as a direct recruit without seeking prior permission of the Deputy Director as is envisaged under sub-rule 5(a) of Rule 3 of MEPS Rules. This Court held that sub-rule 5(a) is mandatory and hence any appointment made in violation thereof would be illegal. The mandatory nature of sub-rule 5(a) is more so demonstrated by the provision contained in sub-rule (6), which mandates the Deputy Director of Education to direct the Management to cancel the appointment made without following the procedure laid down in the Rules. Perused the impugned judgment. The same does not suffer fron any infirmity, warranting any interference in review jurisdiction. 2 The application is rejected. JUDGE JUDGE pdl