PRAMOD V. AMBATKAR Vs. DY. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally with the consent of for the parties.

(2.) Petitioners have moved the jurisdiction of this Court and prayed to quash and set aside order dated 23.11.2009 passed by respondent Education Officer thereby staying approval to the order of promotion of petitioner no.1.

(3.) The respondent Education Officer at the instance of Vidarbha Madhyamik Sangathna (Sangathna) and on the basis of a resolution passed by it, passed the impugned order. Admittedly this Sangathna has no locus standi or right to pass such a resolution against petitioner no.1 and even if there is some issue, the Education Officer ought not to have acted upon the same. The power and jurisdiction of Education Officer has always a foundation of law. There is no question of going beyond it. During the pendency of writ petition, as directed by the Education Officer, petitioner no. 1 has given an undertaking to the effect that approval to the promotion will be subject to outcome of W.P. No. 569/08 pending before this Court. Accordingly, the approval was granted by the Education Officer to the promotion of petitioner no.1 but the same was stayed at the instance of Sangathna. Petitioner no. 1 therefore made representation for revoking the stay order, but in vain.