Shri. Avinash Bhagwan Patil And ANR. v. The Education Officer (Secondary) And ORS.

BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8249 OF 2017 Shri. Avinash Bhagwan Patil and another ..Petitioners

Versus

The Education Officer, Secondary, Zilla Parishad, Thane and others ..Respondents ALONGWITH CIVIL APPLICATION NO.1457 OF 2018 IN WRIT PETITION NO.8249 OF 2017 Rameshwar Shivram Kamble and others ..Applicants

IN THE MATTER BETWEEN

Shri. Avinash Bhagwan Patil and another ..Petitioners

Versus

The Education Officer, Secondary, Zilla Parishad, Thane and others ..Respondents Mr. A. R. Gole, Advocate for the Petitioners. Mr. S. T. Bhosale I/by Mr. Dilip Bodake, Advocate for Applicants in CAW No.1457 of 2018.

Mr. S. B. Kalel, AGP for Respondent No.1.

CORAM: B. R. GAVAI & M. S. KARNIK, JJ.

DATE: 6th OCTOBER, 2018 1/3

ORAL JUDGMENT: (Per B.R. Gavai, J.) 1] Rule. Rule is made returnable forthwith. Heard by consent of parties.

2] Petitioners have approached this Court being aggrieved by the Order passed by Respondent - Education Officer, thereby rejecting the approval to the appointment of the Petitioners. 3] In the affidavit in reply filed on behalf of the Respondent - Education Officer, it is stated that Respondent - Education Officer shall withdraw the impugned order and pass a fresh order in accordance with the Judgment of Division Bench of this Court in Writ Petition No.8587 of 2016 with connected Writ Petitions dated 10th July 2017.

4] In that view of the matter, Respondent - Education Officer is directed to decide the issue in the light of the Judgment of Division Bench of this Court in Writ Petition No.8587 of 2016 with connected Writ Petitions dated 10th July 2017 in any case within a period of four weeks from today.

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5] Rule is made absolute in the aforesaid terms. 6] In view of disposal of the present Writ Petition, Civil Application taken out therein does not survive and the same is also disposed of. (M. S. KARNIK, J.) (B. R. GAVAI, J.) 3/3