Nanar Panchkroshi Shikshan Prasarak Mandal, Thr. Secretary, Shri. Ulhas Govind Prabhudesai v. The State Of Maharashtra, Thr. School Education And Sports Department, And ORS.

1/2 903cpst2858.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION (ST)NO. 2858 of 2019 IN WRIT PETITION NO.8470 of 2018 Nanar Panchkroshi Shikshan Prasarak Mandal ...

Petitioner v/s.

The State of Maharashtra & others ...

Respondents Dr. Walawalkar, sr. advocate i/b. Suresh Sabrade for the petitioner in cpst 2858/19.

Mr. Dilip N. Bankar-Patil, spl. Counsel a/w. Mrs. M.S. bane, AGP for the State.

Mr. Mahesh Joshi, Asstt. Commissioner, Tribal Development Dept.Nagpur.

CORAM : DAMA SESHADRI NAIDU, J.

20th November 2019 P.C.

In compliance with the judgment dt. 30.08.2018 in Writ Petition No.8470/2018, the then Education Officer passed the order, dated 16.10.2019, approving the appointment of petitioner no.1 - one Shri Harishchandra Pendulkar. But the petitioner school has filed this contempt petition contending that the approval letter is not in consonance with this Court's direction in the judgment, dt. 30.8.2018.

2. At any rate, now the learned Senior Counsel for the

2/2 903cpst2858.19.doc petitioners submits that the approval granted by the School is governed by GR dt. 13.10.2000 No.SSN/1099/(340/99)/M.E.-2. According to him, the approval letter ought to have reflected this aspect.

3. In response, the learned Special Counsel for State authorities, in fact, submits that whatever statutory position governs the approval, it automatically applies though it may not be explicit in the approval letter.

4. Under these circumstances, I close this contempt case, observing that the approval letter, dt.16.10.2019, stands governed by the relevant government statutes, regulations & GRs, as were in force on the date of approval.

5. Contempt Petition stands closed.

(DAMA SESHADRI NAIDU, J) L.S. Panjwani, P.S.