BHAWBHUTI SHIKSHAN SANSTHA Vs. SANDEEP CHANDULAL HANUWATE

JUDGEMENT

(1.) Heard Mr. Ghare, learned counsel for the petitioner and Mr. Marpakwar, learned counsel for Respondent No.1. Ms. T. Khan, learned AGP appears for Respondent Nos. 2 and 3. Respondent No. 4 is served, however, none appeared.

(2.) The petition challenges the order dated 19.7.2021 passed by the School Tribunal whereby the application for interim relief, as filed by Respondent No.1, has been allowed and the petitioner has been directed to continue Respondent No.1 as the Principal and pay him regular salary and other emoluments till the decision of the appeal. Though the operative part is in the final form, Mr. Marpakwar, learned counsel for Respondent No.1 concedes to the fact that it is on an application for interim relief and therefore, the operative part be construed as such.

(3.) Mr. Ghare, learned counsel for petitioner submits that Respondent No.1 was never appointed as a Principal, as he did not possess the requisite qualification prescribed therefor by Respondent No.4. He therefore submits that the direction to continue Respondent No. 1 as a Principal is legally unsustainable. He further submits that Respondent No.1 was appointed on a contract basis, for which he relies upon the order of appointment, dated 30.7.2009 (page 78) and therefore, contends that there is no approval to his appointment also. He further submits that Respondent No.1 had tendered his resignation on 23.2.2021, which was accepted by the petitioner/management by Resolution No.2 passed in the meeting of the Managing Committing held on 23.2.2021, as a result of which, a communication was issued to Respondent No.1 intimating the acceptance, in view of which he submits that the impugned order could not be passed, as it was based upon a mere conjecture and surmise as indicated in para 31 thereof. He therefore submits that the impugned order be therefore quashed and set aside.