Dinesh Raghunath Ghane v. The Maharashtra State Council Of Examination And ORS

SAYYED SAEED ALI AHMED ALI SAYYED SAEED ALI AHMED ALI Date: 2023.11.13 10:23:45 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13796 OF 2023 Dinesh Raghunath Ghane

...Petitioner

Versus

The Maharashtra State Council of Examination And Ors.

...Respondents

******** Mr. Ashok B Tajane a/w Mr. Yuvraj A. Tajane, Mr. Yogesh G. Thorat for the Petitioner.

Mrs. Anjali S. Shinde h/f. Mr. Nitin P. Deshpande for Respondent No.1. Mr. S. B. Kalel, AGP for the Respondent (State). ******** CORAM : G. S. KULKARNI, JITENDRA JAIN, J.J.

Date : 4th NOVEMBER, 2023.

P.C.

.

We have heard Mr. Tajane, learned counsel for the petitioner, Mrs. Shinde, learned counsel for respondent No.1 and Mr. Kalel, AGP for the Respondent (State).

2.

This petition is filed praying for the following reliefs : a)Rule be issued. Record and Proceeding of the case be called for an after examining the legality, validity and propriety thereof, the order dated 14.10.2022 passed by Respondent No.1 Commissioner, Maharashtra State Council of Examination, Pune bearing No.J.K.MRPP/BPV/2022/4839 as well as the order dated 27.10.2023 passed by Respondent No.2 Additional Tribal Commissioner, Tribal Development Division, Thane and the order dated 30.10.2023 passed by Respondent No.3 the Project Officer Integrated Tribal Development, Project Office Shahapur, Taluka - Shahapur, District - Thane bearing outward

No.J.K.ANAS-2022/P.K.115/K. 3 (4)/9166 Shahapur, District - Thane be quashed and set aside.

b)Pending the hearing and final disposal of the present Writ Petition the operation, implementation, execution and effect of the order dated 14.10.2022 passed by Respondent No.1 Commissioner, Maharashtra State Council of Examination, Pune bearing No.J.K.MRPP/BPV/2022/4839 as well as the order dated 27.10.2023 passed by Respondent No.2 Additional Tribal Commissioner, Tribal Development Division, Thane and the order dated 30.10.2023 passed by Respondent No.3 the Project Officer Integrated Tribal Development, Project Office Shahapur, Taluka - Shahapur, District - Thane bearing outward No.J.K.ANAS-2022/P.K.115/K. 3 (4)/9166 Shahapur, District - Thane qua the Petitioner be stayed.

c)Interim and ad-interim relief in terms of prayer clause b) above be granted.

d)Any other just and equitable orders be passed in the interest of Justice.

3.

Mr. Tajane has drawn our attention to the fact that this Court has decided a batch of petitions in the case of Savita Vyankatrao Deshmukh Vs. The Maharashtra State Council of Examination & Ors. by an order dated 30th October, 2023. It is the submission that the present proceeding would be covered by the said orders passed by us. 4.

Learned counsel for the respondents would also not dispute such submission. This petition accordingly can be conveniently disposed of in terms of our order passed in the case of Savita Vyankatrao Deshmukh Vs. The Maharashtra State Council of Examination & Ors. (supra) and other batch of matters. 5.

We accordingly direct that the concerned Authorities shall immediately take steps to disburse the salaries of the petitioner which Writ Petition No.13499 of 2023 dated 30th October 2023

are withheld only for the reason of the blanket action taken by respondent no.1. The salary be accordingly released within a period of two weeks from today.

5.

Affidavit of service in relation to Mr. Dinesh Raghunath Ghane is taken on record.

[JITENDRA JAIN, J.] [G. S. KULKARNI, J.]