Shri Vijay Namdeo Gaikwad v. The State Of Maharashtra Through The Secretary, School Edu. Dept. And ORS.

16. WP 3892.16.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3892 OF 2016 Mr. Vijay Namdeo Gaikwad ... Petitioner.

V/s.

The State of Maharashtra & Ors.

... Respondents.

Mr. N.V. Bandiwadekar I/b. M.G. Bagkar for the Petitioner. Mr. A.I. Patel, AGP for Respondents 1 and 2.

Mr. Sangramsingh Yadav I/b. Mr. S.R. Ganbavale for Respondent 3. CORAM : PRADEEP NANDRAJOG,C.J. & N.M. JAMDAR, J.

DATE : 14 JUNE 2019.

P.C. :- With consent of parties the Writ Petition is disposed of directing the second Respondent to treat the Writ Petition as a representation to Respondent No.2 - the Deputy Director of Education and call upon the third Respondent to respond to the Writ Petition and while responding justify why proposal to upgrade the Petitioner as a full time teacher in Geography was not forwarded notwithstanding post being available in school established by Respondent No.3.

16. WP 3892.16.doc 2.

The response of Respondent No.3 will be supplied to the Petitioner for the Petitioner's comments. Such documents as are required to be considered by Respondent No.2 - the Deputy Director of Education to take a decision, would be called for and would be submitted by the parties. Reasoned decision would be taken and communicated to the parties. If the decision is in favour of the Petitioner, subject to any legal challenge thereto by Respondent No.3, the same shall be implemented. If the decision is against the Petitioner, he would be entitled for the remedy as per law. 3.

Needful shall be done by the second Respondent within two months from today.

N.M. JAMDAR, J.

CHIEF JUSTICE