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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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