Sadanand Sakharam Harne v. State Of Maharashtra Thr The Secretary Dept. Of Higher Education And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.140 OF 2024 Sadanand Sakharam Harne .. Petitioner Vs.

State of Maharashtra, Through Department of Higher Education and Ors. .. Respondents Ms. Mrinal A. Shelar for the Petitioner.

Mr. N.C. Walimbe, Addl. G.P., with Ms. K.N. Solunke, AGP, for the Respondent-State.

Mr. Nishigandh Patil for Respondent No.5.

CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ DATE : 10TH JANUARY, 2024.

P.C. :

1.

The petitioner is opposing Change Report No.321 of 2022, that has been filed by the Reporting Trustee of the respondent no.6-Society. During pendency of the said change report, the Society has initiated process of recruitment of it's staff that is preceded by necessary permission granted by the Higher and Technical Education Department. In this backdrop, the petitioner prays that the said process of recruitment be stalled till the change report is decided.

2.

Prima facie, when it is seen that the Competent Authority has granted permission to undertake recruitment and the posts in question are lying vacant, no purpose would be served by stalling the process of recruitment. In case the petitioner succeeds in the change report proceedings, he is free to take such steps as are permissible in law thereafter. Change Report proceedings are expedited in the facts of the case.

3.

With the aforesaid observations, writ petition is disposed of. [ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J. ] 1/1 5-WP-140-2024.doc Dixit