Bombay High Court
SHRI. THORAT CHHABURAO DAGADUversusPRESIDING OFFICER, SCHOL TRIBUNAL, PUNE AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is dismissed for non‑prosecution and any interim relief is vacated.
Summary
Shri Thorat Chhaburao Dagadu filed a writ petition challenging an order of the School Tribunal, Pune, which had confirmed his reduction in rank but directed the management to consider his claim for a promotional post based on seniority. The High Court initially stayed the petition and gave the petitioner an opportunity to appear, but the petitioner failed to appear on the scheduled dates. On 31 August 2026 the Court again stood the matter over to 7 September 2026 and listed it for dismissal. When the petition was again listed on 7 September 2026, no representative of the petitioner appeared, indicating a lack of interest in pursuing the relief. The Court consequently dismissed the writ petition for non‑prosecution and vacated any interim or ad‑interim relief that had been granted.
Issues considered
- What is the appropriate procedural response when a petitioner fails to appear for a scheduled hearing in a writ petition?
- Whether the petition should be dismissed for non‑prosecution despite earlier interim orders.
Subjects
- writ petition
- school tribunal
- promotion
- seniority
- non‑prosecution
- dismissal
Judgment
Digitally
signed by 13.AS.WP.6973.2011.doc
VINA
VINA ARVIND
ARVIND KHADPE
KHADPE Date:
2026.09.07
18:48:17
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6973 of 2011
Shri. Thorat Chhaburao Dagadu … Petitioner
Versus
Presiding Officer, School Tribunal, Pune and ors. … Respondents
***
None for the Petitioner.
Mr. A. I. Patel, Addl. GP a/w Ms. V. R. Raje, AGP for the Respondent-
State.
***
CORAM : M.M. SATHAYE, J.
DATE : 7 SEPTEMBER, 2026
P.C. :
1. On 07.07.2026, the following order was passed :-
“1. None for the Petitioner. The petition arising out of an order
passed by School Tribunal.
2. Record shows that while admitting the petition, by a speaking
order, in interim relief was refused on the ground that rival
claim of Respondent No.5 on the post of Head Master was to
come an end in the next month due to superannuation.
3. By the impugned order, though reduction in rank was
confirmed, the Respondent-Management was directed to
consider the claim of the Petitioner for promotional post
considering his seniority.
4. In these circumstances, the challenge in the petition may
have become infructuous by passage of long time.
5. Stand over to 21.07.2026 as one more opportunity to the
Petitioner to appear and contest.”
2. On 31.08.2026, the following order was passed
“1. None for the Petitioner, stand over to 07.09.2026.
2. To be listed ‘for dismissal.’”
Vina Khadpe 1
13.AS.WP.6973.2011.doc
3. Today, the Petition is listed for dismissal. However, nobody
is appearing for the Petitioner. It appears that the Petitioner is
not interested in proceeding with the Petition.
4. Writ Petition is accordingly dismissed for non-prosecution.
Interim/ad-interim relief, if any, stands vacated.
5. All concerned to act on duly authenticated or digitally signed
QR verifiable copy of this order.
(M.M. SATHAYE, J.)
Vina Khadpe 2
Checking your session…