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Bombay High Court

SUNITA CHANDRAMAULI SINGHversusSTATE OF MAHARASHTRA THR ITS PRIN. SECRETARY, DEPT. OF SCHOOL EDUCATION AND SPORTS AND ORS

Decided
Disposal
Disposed Off

Holding

The Court disposed the writ petitions without deciding the merits, directing the Deputy Director of Education to determine the substantive issues.

Summary

The Bombay High Court heard two related writ petitions challenging the termination of Sunita Chandramauli Singh and the appointment of Jaya Rajesh Singh as Head Mistress of a school. Both petitioners and respondents agreed to dispose of the matters as per the minutes of order. The Court did not express any opinion on the merits but directed the Deputy Director of Education, Mumbai, to hear the parties, grant personal hearings, and pass a reasoned order on the validity of Sunita's termination, Jaya's appointment, and the subsequent order rejecting Jaya's approval while reinstating Sunita. The Court also ordered an interim appointment for the school’s head within two weeks and continued the existing interim orders for two weeks. All contentions were kept open for final determination by the Deputy Director.

Issues considered

  • Whether Sunita C. Singh was validly terminated by the order dated 30/04/2026.
  • Whether Jaya Singh was validly appointed as Head Mistress effective 30/01/2026.
  • Whether the order dated 26/05/2026 rejecting approval granted to Jaya Singh and reinstating Sunita C. Singh is valid and proper.

Subjects

  • termination
  • appointment
  • head mistress
  • educational administration
  • writ petition
  • interim order
  • administrative law

Judgment

                                                                                                 13-WP-6926-26.DOC



                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                CIVIL APPELLATE JURISDICTION

                                                WRIT PETITION NO. 6926 OF 2026

                         Jaya Rajesh Singh & Anr.                                          ...Petitioners
                                Versus
                         The State Maharashtra & Ors.                                      ...Respondents
                                                           WITH
                                               WRIT PETITION NO. 17941 OF 2024

                         Sunita Chandramauli Singh                                         ...Petitioner
                                Versus
                         The State Maharashtra & Ors.                                      ...Respondents
                                                             _________
                         Mr. N. R. Bubna a/w Pooja Gaurav Malik for Petitioner in WP No.6926 of 2026
                         and for Respondent in WP No.17941 of 2024.
                         Mr. A. R. Deolekar, AGP a/w V. G. Badgujar, AGP for State in both Petitions.
                         Mr. Mihir Desai, Sr. Adv. i/b Devyani Kulkarni a/w Sanskruti Yagnik for
                         Respondent No.4 in WP No.6926 of 2026 and for Petitioner in WP No.17941 of
                         2024.
                         Mr. Ankit Tiwari i/b U. B. Tiwari and Co. for Intervenor.
          Digitally signed
          by PRASHANT
                                                            __________
PRASHANT VILAS RANE
VILAS    Date:
RANE     2026.06.29
          11:49:16
          +0530


                                                              CORAM:        G. S. KULKARNI &
                                                                            AARTI SATHE, JJ.

                                                              DATE:         22 JUNE 2026

                         P.C.

                         1.      We have heard the proceedings for some time.

                         2.      Learned counsel for both the petitioners, who are also respondents in the

                         corresponding petitions, are ad idem that these petitions can be disposed of in

                         terms of the Minutes of the Order as tendered. We extract the minutes of the

                         orders which are as follows:

                                                           “Minutes of Order

                                   1.    After hearing both parties, both Writ Petitions are disposed of by
                                   passing following order:

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                                                            22 June 2026
                         Kiran Kawre
                                                                           13-WP-6926-26.DOC



          2.     Deputy Director of Education, Mumbai is directed to hear
          petitioners in both petitions and pass reasoned order on following issues

              a. Whether Sunita C. Singh was validly terminated by order
              dated30/4/2026.

              b. Whether Jaya Singh was validly appointed as Head Mistress wef
              30/1/2026.

              c. Whether order dated 26/5/2026 rejecting approval granted to Jaya
              Singh and reinstating Sunita C. Singh to the post of In Charge Head
              Mistress is valid and proper.

          Deputy Director is directed to grant personal hearing to both parties and
          pass speaking order within period of six weeks from today.

          Both petitions and civil applications filed therein are disposed of keeping
          all contentions of all parties on merit open.”


3.      The petitions shall accordingly stand disposed of in the aforesaid terms

without expressing any opinion on the rival contentions, and merely for a final

decision to be taken by the Deputy Director, we direct that the interim orders

passed on Writ Petition No.17941 of 2024 shall continue to operate for a period

of two weeks. We direct the Deputy Director to take a decision within a period of

four weeks.

4.      A specific contention as urged by Mr. Bubna that the petitioner in Writ

Petition No.17941 of 2024 (Sunita Chandramauli Singh) has been terminated by

the management. There is a serious dispute between the parties in regard on the

rival contentions, as also as to who shall be in charge of the school even as

permitted by the interim orders passed by this Court. In the peculiar facts and

circumstances, we direct the Deputy Director to pass an interim order within two

weeks, after hearing the parties by appointing either of the parties or any other

person to be in charge of the school for any interim period. All contentions in that

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Kiran Kawre
                                                                     13-WP-6926-26.DOC



regard are expressly kept open.

5.      Needless to observe that the respective petition itself be considered as the

representations.



(AARTI SATHE, J.)                                       (G. S. KULKARNI, J.)




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