HIRJI BHOJRAJ AND SONS C V O JAIN CHHATRALAYA 426 SHRADDHANAND ROAD MATUNGA KINGS CIRCLE MUMBAI Vs. DEPUTY DIRECTOR OF EDUCATION MUMBAI REGION BAL BHAVAN MUMBAI

JUDGEMENT

(1.) Both these petitions are disposed of by this common judgment, as the parties thereto, as also the issues raised therein, are common.

(2.) Writ Petition No. 1315 of 2009 is filed by the Management of the school. The Management has challenged the decision of the Deputy Director of Education, Mumbai Division, dated 20 th June, 2009 (Exhibit V ) regarding the appointment of Shivaji Kisan Janrao (respondent No. 4 in this petition, hereinafter referred to as Shivaji Janrao for the sake of brevity) as Principal of petitioner No. 2-school, thereby directing initiation of action in the matter by the Education Inspector and to submit compliance report. The Management has further prayed for declaration that, it being a minority institution, has a right to choose and select Head Mistress or Principal of their choice and to direct the Deputy Director of Education and Education Inspector to approve the appointment of Smt. Harsha Trivedi as Head Mistress with effect from 1 st August, 2008.

(3.) The second writ petition, being Writ Petition No. 2409 of 2010, has been filed by Harsha Bakul Trivedi, who was appointed as Head Mistress of the school with effect from 1 st August, 2008. Even this petitioner has challenged the self-same order passed by the Deputy Director of Education dated 20 th June, 2009 and has prayed for further direction against the Secretary of the Department of Education and Employment (School Education), Government of Maharashtra, Deputy Director of Education and Education Inspector (South), to grant approval to her appointment as Head Mistress of the school with retrospective effect from 1 st August, 2008. She has further prayed for direction against the said respondents to release the arrears of salary due to her from 1 st August, 2008 to 31 st October, 2010 at the rate of Rs.35,000/- or at such other rate as is payable under the VI th Pay Commission Report with 18% per annum and continue to pay the same from 1 st November, 2010 onwards. During the pendency of this petition, Harsha Trivedi took out Notice of Motion No. 305 of 2011, praying for interim directions. The reliefs prayed therein would be worked out in terms of this decision.