Bombay High Court

CHETAN SURESH SHINDEversusTHE CHAIRMAN, KAVIVARYA KUSUMAGRAJ ADIVASI SUDHAR SAMITI AND ORS

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The writ petition is dismissed for non‑prosecution.

Summary

The petitioner, Chetan Suresh Shinde, filed a writ petition challenging a 2010 order of the School Tribunal that dismissed his appeal against his termination in 2008. The petition was pending without any interim relief, and the petitioner could not be contacted, as evidenced by a returned postal communication. The respondent school management submitted an affidavit showing that the petitioner is currently employed as a teacher in another school, as per a government portal. Because the petitioner failed to appear or cooperate to pursue the petition, the court found that the case could not proceed. Consequently, the court dismissed the writ petition for non‑prosecution.

Issues considered

Whether the writ petition should be dismissed on the ground of non‑prosecution due to the petitioner's failure to appear and proceed with the case

Subjects

writ petition
non‑prosecution
termination of service
school tribunal
procedural default
service law

Judgment

Digitally [email protected]
signed by
VINA
VINA ARVIND
ARVIND KHADPE
KHADPE Date:
2026.08.18
18:20:50
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 10192 OF 2010

Chetan Suresh Shinde ...Petitioner
Versus
The Chairman, Kavivarya Kusumagraj Adivasi ...Respondents
Sudhar Samiti and ors.

****
Mr. Vedant Bende i/b. Mr. Mandar Limaye for the Petitioner.
Mr. Chandrakant N. Chavan for Respondent Nos.1 and 2.
****

CORAM : M.M. SATHAYE, J.
DATE : 18th AUGUST, 2026

P.C. :

1. Petition is filed challenging an order dated 22.10.2010 passed
by the Presiding Officer, School Tribunal Nashik, dismissing the
Petitioner’s appeal which was filed challenging his termination dated
16.06.2008. Record shows that this Court has not granted any interim
relief in favour of the Petitioner.
2. Learned counsel for the Petitioner has placed on record a copy
of recent communication dated 13.07.2026 addressed to the Petitioner
by Registered Post A.D., along with original envelope returned with the
postal endorsement ‘No such person found at the address’. Copy of the
said communication along with the original returned envelop, is taken
on record and marked ‘X’ collectively for identification.
3. Since the Petitioner is not in contact, learned Advocate
appearing for the Petitioner is not in a position to proceed with the
petition.
4. Learned advocate for Respondent Nos.1 and 2 (Management

1
Vina Khadpe
[email protected]

of the School) invited the Court’s attention to the Affidavit-in-Reply
dated 28.07.2026, wherein it is stated in paragraph 13 that as per the
Government Portal ‘Pavitra Teacher Recruitment’ for Sambhaji Zilha
Parishad, primary section for the year 2024, it is seen that the Petitioner
is appointed as teacher in a school at Bhivgaon, Borsar centre, Tal.
Vaijapur, Dist. Sambhaji Nagar. A list of the teachers from the said
government portal is produced along with the said Affidavit, showing
the name of the Petitioner.
5. In the aforesaid facts and circumstances, since the Petitioner is
not coming forward to proceed with the petition, Writ Petition is
dismissed for non-prosecution.
6. All concerned to act on duly authenticated or digitally signed
copy of this order.

(M.M. SATHAYE, J.)

2
Vina Khadpe

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