Created by Fuzzy Cloud

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.