Rakesh Shashikant Badame v. The State Of Maharashtra Thr The Secretary And ORS

Husen 1 23 WP-325-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 325 OF 2024 Rakesh Shashikant Badame

...Petitioner

Versus

The State Of Maharashtra Through The Secretary, School Education and Sports Department, Mantralaya, Mumbai And Ors.

...Respondents

.......

Mr. Prashant Bhavake, Advocate for Petitioner. Mr. S.B. Kalel, AGP for Respondent-State.

.......

by HUSENBASHA RAHAMAN NADAF Date: 2024.01.22 19:17:16 +0530 CORAM : NITIN JAMDAR & M.M. SATHAYE, JJ.

HUSENBASHA RAHAMAN NADAF DATE : 15 JANUARY 2024 P.C.:

.

Heard learned counsel for the parties.

2.

Petitioner/Employee, working as laboratory assistant with Respondent No. 7 School run by Respondent No. 6 Management, is seeking direction to decide his pending approval with the Respondent No. 5 -Education Officer, Zilla Parishad, Kolhapur. Learned counsel for the Petitioner states on instructions that Respondent Nos. 6 & 7 are supporting the cause of the Petitioner till today. We proceed on the basis of said statement. 3.

It is submitted that the Petitioner's proposal is pending from September 2022.

Husen 2 23 WP-325-2024.doc 4.

In view of said pendency of the proposal, the Respondent No.5 / Education Officer is directed to communicate its objections / proposed grounds of rejection 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 objections, along with supporting material including case laws, orders of this Court, GRs etc, if relied upon.

5.

The Respondent/Education Officer is thereafter directed to decide the pending proposal of the Petitioner by dealing with the explanation and material submitted by the Respondent/Educational Institute and pass a reasoned order, within 12 weeks from today, subject to other time bound directions and pressing public duty. 6.

We have not expressed any opinion on 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 Officer 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.)