Malhari Laxman Magar v. State Of Maharashtra And ORS

rsk 1 20-WP-14936-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14936 OF 2022 Malhari Laxman Magar

...Petitioner

Vs.

State of Maharashtra and Ors.

...Respondents

------- Mr. Rahul S. Kadam for the Petitioner.

Smt. S. S. Bhende, Assistant Government Pleader for the Respondent-State. -------

CORAM

:

NITIN W. SAMBRE & SHARMILA U. DESHMUKH, JJ.

DATED :

8 DECEMBER 2022.

P. C. :

Heard.

by RAJESHWARI SUBODH KARVE Date:

2022.12.12 10:28:15 +0530 2.

By consent taken up for final disposal. Smt. Bhende, learned RAJESHWARI SUBODH KARVE Assistant Government Pleader waives service for Respondent-State. 3.

In view of order of Division Bench of this Court in the matter of Amol Baban Sangar vs. The State of Maharashtra & Ors., Writ Petition No.8966/2021 decided on 21/2/2022, it appears that the order impugned dated 18/11/2022 passed by Respondent No.2-Deputy Director of Education, Pune thereby rejecting the prayer of the Petitioner for inclusion of his name in Shalarth Pranali is not sustainable. As such the said order dated 18/11/2022 is hereby quashed and set aside.

rsk 2 20-WP-14936-22.doc 4.

We direct that the Petitioner's claim for inclusion of his candidature in Shalarth Pranali be decided afresh having regard to the observations made in the above referred judgment and also having regard to the fact that the Petitioner's services were already approved pursuant to the order of this Court.

5.

The Petitioner to appear before the said Authority on 3/1/2023.

6.

We expect the Respondent to pass appropriate order in the matter by 31/3/2023.

7.

The petition is partly allowed and is accordingly disposed of. (SHARMILA U. DESHMUKH, J.) ( NITIN W. SAMBRE, J.)