Sudhagad Education Soc Thr Its Secretary And ANR v. The State Of Maharashtra Thr Its Principal Secretary And ORS

2024:BHC-AS:3501-DB Sayyed 41-WP-10859-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10859 OF 2023 Sudhagad Education Soc Through its Secretary And Anr.

..Petitioners Vs.

The State of Maharashtra, Through its Principal Secretary & Ors.

..Respondents __________ Mr. S G Kudle for the Petitioners.

Mr. B. V. Samant, Addl. G. P. a/w. Ms. Kavita N. Solunke, AGP for the Respondent Nos.1 to 3 (State).

__________ CORAM :

A. S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE :

22nd JANUARY 2024 P.C.:

1.

Rule. Rule made returnable forthwith.

2.

Heard the learned counsel for the parties.

3.

In the matter of attachment classes Vth to VIIth to the secondary school that is being run by the Petitioner No.1-Society at the Petitioner No.2-School, the Education Officer (Secondary) on 9th October 2009 recommended attachment of classes Vth to VIIth on permanent non-grant basis. This recommendation has been addressed to the Deputy Director of Education for consideration. In paragraph No.10 of the writ petition, it has been specifically averred that thereafter the Deputy Director of Education has sent the said proposal to the State

Sayyed 41-WP-10859-2023.doc Government vide outward No.237-39. It is stated that the proposal remains undecided.

4.

On 8th January 2024 time was granted to learned Additional Government Pleader to obtain necessary instructions. Today it is submitted that the relevant record could not to be traced with the Respondent No.1.

5.

We find that the Education Officer (Secondary) has forwarded the relevant proposal to the office of the Deputy Director of Education and the Deputy of Education thereafter vide outward No.237-39 has sent the proposal to the State Government. A direction is issued to Respondent No.1 to consider and decide the said proposal in accordance with law within a period of 3 months from today, if the same is not yet decided. The decision taken shall be communicated to the Petitioners. With these directions, Rule is disposed of. No costs. (JITENDRA JAIN, J.) (A. S. CHANDURKAR, J.)