Dattatraya Kashinath Zagade And ANR. v. State Of Maharashtra And ORS.

Mhi WP-12559-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12559 OF 2017 Dattatraya Kashinath Zagade & Anr.

Petitioners

Versus

State of Maharashtra & Ors.

Respondents Mr.Sandeep M. Phatak for the Petitioners.

Mrs.M.P.Thakur, AGP, for the State.

CORAM : RANJIT MORE & SMT. SADHANA S.JADHAV,JJ.

DATE :13th March, 2018.

P.C. :

Not on board. Mentioned. Taken on board.

2.

Heard the learned counsel for the parties.

3.

In our opinion, interest of justice would be subserved by directing respondent No.3 to decide the proposal dated 19.10.2012 sent by the Headmaster of Respondent No.2 regarding granting approval to the appointment of petitioner No.1 (a copy of which is annexed at Exhibit `J' to the petition) as expeditiously as possible, and in any case within four weeks from the date of receipt of a copy of this order. Ordered accordingly.

Mhi WP-12559-17.doc 4.

It is made clear that we have not gone into merits of the matter and all points and contentions of the respective parties are kept open. The said proposal shall be decided independently, on its own merits and in accordance with law.

5.

In order to enable respondent No.3 to comply with this order, petitioner No.1 shall remain present before respondent No.3 on 2.4.2018 along with a copy of the said proposal as well as a copy of this order.

6.

Till disposal of the 1st petitioner's proposal sent by respondent No.3, the ad-interim order granted by this Court on 23.11.2017 shall remain in operation. In the event the order passed by respondent No.3 is adverse to the interest of petitioner No.1, the same shall not be given effect to for a period of two weeks from the date of communication of the same to the petitioner.

The petition stands disposed of.

[SMT. SADHANA S.JADHAV, J.] [RANJIT MORE,J.]