caw2448.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLN. (W) 2448/2011 IN WRIT PETN. NO.3569/2011 Shikshak Sanstha, Gondia and another -vs- The Education Officer, (Sec.) and another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri P.N.Shende, counsel for the petitioners. Shri Sonare, AGP for the respondent No.1. Shri Mohgaonkar, counsel for the respondent No.2. CORAM : SMT. VASANTI A. NAIK, J. DATE : 19.09.2011. The petitioners seek to challenge the validity of the provisions of Rule 9 (10) (a) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 as ultra vires and unconstitutional by this proposed amendment. It appears that the petitioner is merely desirous of protracting the proceedings as the petitioner could have as well challenged the validity of this provision by filing a writ petition before the Division Bench of this Court even during the pendency of the proceedings before the Presiding Officer, School Tribunal, Nagpur. However, this is not done and the present application is filed. caw2448.11.odt 2/2 Hence, the petitioner is not permitted to amend the writ petition as the proposed amendment would change the nature of the writ petition. The petitioner is however at liberty to raise a challenge to the aforesaid provisions by filing appropriate proceedings. The Civil application stands rejected. JUDGE KHUNTE