K.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.414 OF 2007 WITH CIVIL APPLICATION NO.415 OF 2007 IN LETTERS PATENT APPEAL (ST) NO.18927 OF 2007 IN WRIT PETITION NO.8041 OF 2005 Sau.Ratnamala Sudhakar Katkar )..Applicant Vs. The President/Secretary ) Dnyanganga Education Trust & Anr. )..Respondents ---- Mr.A.A.Garge and Mr.Shaikh Nasir Masik for the applicant. Mr.R.M.Patne AGP for respondent no.3. Mr.P.a.Mannar i/by Usman Kohil for respondent nos.1 & 2. ---- Coram : D.K.Deshmukh & Coram : D.K.Deshmukh & Coram : D.K.Deshmukh & R.S.Mohite,JJ R.S.Mohite,JJ R.S.Mohite,JJ Date : 16.4.2009. PC CIVIL APPLICATION NO.414 OF 2007 1. Heard learned Advocate for the applicant. For the reasons stated in the application, the same is granted in terms of prayer clause-(a). LETTERS PATENT APPEAL (ST) NO.18927 OF 2007 1. Admit. To be heard in regular course. : 2 : CIVIL APPLICATION NO.415 OF 2007 1. The appellant is out of employment from 1998. Therefore, there is no question of making any interim order in favour of the appellant. The post of teacher even if, it is vacant, cannot be directed to be kept vacant because the interest of the students would be adversely affected. Civil Application is rejected. (D.K.Deshmukh,J) (D.K.Deshmukh,J) (D.K.Deshmukh,J) (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)