Pushparaj Suhas Waghmare v. State Of Maha. Thr. Sec. School And Education Dept. And ORS

by VIDYA SURESH AMIN Date:

2022.10.03 11:16:25 +0530 VIDYA SURESH AMIN 36.WP11452_2022.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11452 OF 2022 Pushparaj s/o. Suhas Waghmare .. Petitioner Vs.

The State of Maharashtra & Ors.

.. Respondents Mr. Vishal V. Dushing a/w. Mr. Vaibhav Salvi for the petitioner. Mr. K.S. Thorat, AGP for the State/respondent nos. 1 and 2. Mr. Sariputta Sarnath for respondent nos. 3 and 4. CORAM : S.V. GANGAPURWALA & R.N.LADDHA, JJ.

DATE : SEPTEMBER 28, 2022.

P.C.:

1.

Heard learned counsel for the petitioner.

2.

Learned counsel for the petitioner submits that the Education Officer has erroneously rejected the proposal seeking approval to the appointment of the petitioner. The same is against the circular issued by the Government. The Management has terminated the services of the petitioner on the ground that the approval is rejected. 3.

Learned advocate for respondent nos. 3 and 4 submits that the petitioner has a remedy under section 9 of MEPS Act against the order of termination.

4.

The petitioner may file an appeal against the order of termination and in the said appeal can also challenge the order refusing approval.

36.WP11452_2022.doc 5.

In case the petitioner files an appeal before the School Tribunal, all contentions raised are kept open.

6.

Writ Petition is disposed of. No costs.

(R.N. LADDHA, J.) (S.V. GANGAPURWALA, J.)