Bombay High Court
SUNITA VIJAYKUMAR MASKE AND ORS.versusDATTATRAY MAHADEV BANSODE
- Disposal
- Disposed Off
Holding
The court held that the applicants were not necessary or proper parties for intervention and dismissed the interim application.
Summary
Staff members of the Primary and Secondary Ashram School filed an interim application seeking to intervene in a writ petition concerning the retention of the charge of in‑charge Headmaster by the petitioner, Dattatray Mahadev Bansode. The applicants claimed they were the complainants in the underlying action for the change of Headmaster and thus sought to be made parties to the petition. The court examined whether the applicants were necessary or proper parties for intervention under the procedural rules. It held that the intervention was neither required nor appropriate as the applicants were merely complainants and not indispensable to the resolution of the petition. Consequently, the interim application for intervention was dismissed.
Issues considered
- Whether the staff members of the Primary and Secondary Ashram School are necessary and proper parties to intervene in the writ petition.
- Whether the petitioner is entitled to retain the charge of in‑charge Headmaster as per statutory rules and regulations.
Subjects
- intervention
- writ petition
- headmaster
- statutory rules
- civil appellate jurisdiction
- necessary and proper party
Judgment
32-IA-933-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 933 OF 2026
IN
WRIT PETITION NO. 1808 OF 2026
Sunita Vijaykumar Maske and Others ...Applicants.
In the Matter in Between :
Dattatray Mahadev Bansode ...Petitioner.
Versus
The State of Maharashtra and Others ...Respondents.
——————
Mr. Ajit V. Alange, for the Applicants/Intervenors.
Mr. Y. B. Lengare (Through VC), for the Petitioner.
Mr. Siddheshwar B. Kalel, AGP, for the Respondents-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : August 25, 2026.
P. C. :
1. This Interim Application for intervention has been iled by the
staf members of the Primary and Secondary Ashram School seeking to
intervene in the present petition only on the ground that they are the
complainants, pursuant to which action was taken for change of
Headmaster. The issue which arises in the present writ petition is
whether the Petitioner is entitled to retain the charge of in-charge
Headmaster, which will be decided as per the statutory Rules and
Regulations. The intervention of the Applicants, who are merely
Gaikwad RD 1 of 2
32-IA-933-2026.doc
complainants, is not required. They are neither necessary nor proper
party for being added in the present petition.
2. Resultantly, the intervention application fails and stands
dismissed.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.08.25
22:24:50
+0530
Gaikwad RD 2 of 2
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