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Bombay High CourtWP/149/2024disposed off

Smt. Dipika Mahesh Banne Nee Smt Dipika Subhash Kore v. The State Of Maharasthra Thr The Secretary School Education And Sports And ORS

2024-01-11Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice M. M. Sathaye2 pages

Sneha Chavan 1 14-WP-149-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 149 OF 2024 Smt. Dipika Mahesh Banne (Nee Smt. Dipika Subhash Kore)

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

**** Mr. Prashant Bhavake for the Petitioner.

Mr. S.B. Kalel, AGP for the Respondent.

Mr. Sumit Kate i/b Mr. Adity Kharkar for Respondent Nos. 6 and 7. **** CORAM : NITIN JAMDAR AND SNEHA NITIN CHAVAN SNEHA NITIN CHAVAN Date: 2024.01.15 15:37:12 +0530 M.M.SATHAYE, JJ.

DATE : 11 JANUARY 2024 P.C.:

.

Heard learned counsel for the parties.

2.

Petitioner/Employee, working as Shikshan Sevak with Respondent No. 7 School run by Respondent No. 6 Management, is seeking direction to decide her pending approval with the Respondent No. 5 -Education Officer, Zilla Parishad, Kolhapur. Learned counsel for Respondent Nos. 6 & 7 submits that they are supporting the cause of the Petitioner. We proceed on the basis of said statement.

3.

It is submitted that the Petitioner's proposal is pending from June 2014.

Sneha Chavan 2 14-WP-149-24.doc 4.

In view of said pendency of the proposal, the Respondent No.5 / Education Officer is directed to communicate its proposed grounds of rejection of approval to the Respondent/ Educational Institute, if any, within a period of 3 weeks from today. The Respondent/Educational Institute shall thereafter submit its explanation to the proposed grounds of rejection, along with supporting material including caselaw, orders of this Court, GRs etc, if relied upon.

5.

The Respondent/Education Officer is thereafter directed to decide within 8 weeks, the pending proposal of the Petitioner by dealing with the explanation and material submitted by the Respondent/Educational Institute and pass a reasoned order. 6.

We have not expressed any opinion on the the Petitioner's proposal and the same shall be decided on its own merits in accordance with law. Needless to mention that if the Respondent/Education Inspector proceeds to grant approval, the aforesaid procedure/directions will not apply. 7.

The writ petition is disposed of in the aforesaid terms. ( M.M. SATHAYE, J.) ( NITIN JAMDAR, J.)