1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6625 OF 2007 Shri. Machindra Eknath Varpe, Age-39 years, Occu: Service, working as Teacher in Jagdamba Prathisthan Shikshan Sanstha's Primary School, Garkheda Parisar, Aurangabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through Secretary, Education Department, Mantralaya, Mumbai and others. ...RESPONDENTS. ... Shri. V.D. Sapkal Advocate for Petitioner. Shri. V.H. Dighe, A.G.P. for Respondent No.1. Shri. D.R. Kale, Advocate for Respondent No.2. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 16TH JUNE, 2010. PER COURT : 1. Heard learned counsel for the parties. 2 2. The Petitioner challenges the communication dated 21st September, 2006. According to the counsel Shri. Sapkal, the Petitioner was Head Master at the relevant time. Certain staff members of the school started protesting against the Petitioner - Head Master. They were insisting that Respondent No.4 - Smt. Leelabai Annappa Patil, should have been appointed as Head Mistress of the school. Succumbing to the pressure of the staff members, the Education Officer (Primary) issued the impugned communication addressed to the Chairman/Secretary of the society. 3. By an Order dated 30th November 2007, this Court issued notice and granted ad interim relief in terms of prayer clauses (D) and (E). The impugned communication was stayed since then. 4. The learned counsel for the Petitioner submits that Respondent No.4 was later on 3 dismissed after holding enquiry and the Petitioner is still holding the charge as Head Master. 5. Inspite of notice, none appears for the Respondent No.3 - Management. 6. In the light of the subsequent developments as stated by the counsel appearing for the Petitioner and the fact that under the interim order the Petitioner was working as Head Master, We find that in the light of the ad interim orders passed, the Petition will be required to be disposed of. 7. We observe that the impugned communication should not be operative. 8. The Respondent No.3 Management is free to take decision in respect of the administration of the school of the society in accordance with the Maharashtra Employees of Private School (Condition of Service) Regulation Act, 1977 and the Rules 4 made thereunder. 9. We express no opinion on the issue raised in the Petition. The Writ Petition is disposed of. [K.K. TATED, J.] [NARESH H. PATIL, J.] asb/JUNE10/wp6625.07