Bombay High Court
NITINKUMAR PRABHAKAR SANERversusTHE PRESIDENT, GRAM VIKAS SHIKSHAN MANDAL, MARWAD AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that no stay could be granted at this stage and instead directed the School Tribunal to decide the appeal within three months.
Summary
The petitioner, Nitinkumar Prabhakar Saner, filed a writ petition challenging the lower court's order rejecting his application for a stay and the termination order dated 08.08.2024. He sought directions for the pending appeal before the School Tribunal to be decided promptly, arguing that the matter was at the final argument stage. The Court observed that the substantive appeal was already before the School Tribunal and that granting a stay at this juncture was inappropriate. Consequently, the Court directed the Presiding Officer of the School Tribunal, Nashik, to decide the appeal within three months from the order date. With these directions, the petition was disposed of.
Issues considered
- Whether the High Court can grant a stay of the appeal pending before the School Tribunal
- Whether the Court can direct the Tribunal to decide the appeal within a specified time
Subjects
- stay of proceedings
- school tribunal
- appeal
- jurisdiction
- writ petition
Judgment
2026:BHC-AUG:37768
1 21-wp-6187-25.odt
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD
21 WRIT PETITION NO. 6187 OF 2025
Nitinkumar Prabhakar Saner
VERSUS
The President, Gram Vikas Shikshan Mandal, Marwad And Others
…
Advocate for the Petitioner : Mr. Y. M. Patil
AGP for Respondent Nos. 4 and 5 : Smt. K. B. P. Bharswadkar
Advocate for Respondent Nos. 1 to 3 : Mr. A. V. Hon
…
CORAM : MANJUSHA DESHPANDE, J.
Dated : August 17, 2026
PER COURT :-
1. The petitioner is aggrieved by the order passed below exhibit 5
rejecting his application for stay. Challenge is also raised to the order of
termination dated 08.08.2024.
2. The learned Advocate for the petitioner submitted that now the
matter is posted for final argument. Therefore, he satisfied if directions
are issued to decide the pending appeal within stipulated period.
3. Since the substantive appeal is already pending final adjudication
before School Tribunal, there is no question of granting any stay at this
stage and stay the matter at the stage of argument. Hence I pass the
following order :
2 21-wp-6187-25.odt
(1) The Presiding Officer, School Tribunal Nashik to decide the
pending appeal within a period of three months from the date of this
order.
(2) With the above directions, petition stands disposed of.
( MANJUSHA DESHPANDE, J. )
shp
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