Bombay High Court
JAYA RAJESH SINGH AND ANRversusTHE STATE OF MAHARASHTRA THRU SECRETARY 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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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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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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