Sagar Vijay Jangam And ORS v. The State Of Maharashtra Thru Secretary, School Edu. Dept.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2782 OF 2021 Sagar Vijay Jangam & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

---------- Mr. Nagesh Y. Chavan, for the Petitioners.

Mr. Vikas M. Mali, AGP for Respondent Nos.1, 2, 3 and 6. Ms. Gargi U. Warunjikar, h/f. Dr. U.P. Warunjikar for Respondent.

---------- CORAM :

R.D. DHANUKA & R.I. CHAGLA, JJ.

DATE : 2 AUGUST, 2021 ORDER :

1.

By praecipe dated 2nd August, 2021, the Petitioners seek speaking to the minutes of order dated 22nd July, 2021. 2.

In paragraph 4 in line 5 the sentence "the respondent nos.1 to 3 and 6 shall consider the proposal within a period of one week on receipt of the proposal" should be substituted as "the respondent nos.1 to 3 and 6 shall consider the proposal within a period of eight week on receipt of the proposal". The corrections shall be carried out in the order 1/3

dated 22nd July, 2021. The corrected order reads thus:- .

Rule. Learned AGP for the respondent nos. 1 to 3 and 6 waives service. Learned counsel for the respondent nos. 4 and 5 waives service. Heard fnally by consent of parties.

2. By this petition fled under Article 226 of the Constitution of India, the petitioner has sought directions that the respondent nos. 1 to 3 and 6 to grant approval to the appointment of the petitioners as an Assistant Teachers in the aided Secondary School namely Nav Maharashtra High School and Junior College run by respondent no.5 Institution since 15th June, 2009.

3.

Learned counsel for the petitioner states that the respondent nos. 4 and 5 have till date not forwarded the proposal for grant of approval to the appointment of the petitioners as an Assistant Teachers in the aided Secondary School namely Nav Maharashtra High School 2/3

and Junior College. He refers to the paragraph 4 of the said affdavit-in-reply fled by the respondent nos. 4 and 5 dated 27th February, 2021. In the said paragraph, it is stated that the respondent nos. 4 and 5 will forward the proposal for approval of the services of the petitioners to the Education Offcer Secondary) Zilla Parishad, Sangli. 4.

In view thereof, the respondent nos. 4 and 5 are directed to forward the proposal for approval of the appointment of the petitioners as an Assistant Teachers in the aided Secondary School namely Nav Maharashtra High School and Junior College within a period of four weeks from today. Upon the receipt of the proposal, "the respondent nos.1 to 3 and 6 shall consider the proposal within a period of eight week on receipt of the proposal". The decision shall be communicated to the petitioner within a period of one week from the date of the decision. 5.

The petition is allowed in aforesaid terms. Rule is made absolute accordingly. No order as to costs.

[R.I. CHAGLA J.] [R.D. DHANUKA, J.] 3/3