Bhishmanarayan S. Yadav v. State Of Maharashtra

by ANANT KRISHNA NAIK Date:

2024.02.27 12:19:43 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2642 OF 2023 Bhishmanarayan S. Yadav

...Petitioner

Versus

State Of Maharashtra & Ors.

...Respondents

Mr. Samarth R. Moray a/w. Adv. Abhishek Jani i/b Adv. Shivani Shinde for the Petitioner.

Mr. Vishal Thadani, Addl. GP for the Respondent Nos. 1, 3 & 4 Mr. Sagar Patil for the Respondent No. 2 Mr. Sagar Rane for the Respondent Nos. 5 & 6. CORAM : NITIN JAMDAR & M. M. SATHAYE, JJ.

DATED : 22nd FEBRUARY, 2024 P.C.:

1.

Heard learned Counsel for the parties.

2.

The Respondent-Management has made representations/proposals to the Deputy Director of Education and the Education Inspector as regards the change in the date from which the approval is granted to the Petitioner.

3.

The Petitioner had approached the Grievance Redressal Committee set up by the State of Maharashtra under the Government Resolution 1/3

dated 29th August, 2019. The Committee has observed that as regards the directions to the State Government regarding modification of the date of approval, it does not have the jurisdiction. Therefore, the Petitioner is before us.

4.

The prayer is sought to set aside the order of the Grievance Redressal Committee and also for the modification/change in the approval granted to the Petitioner's post.

5.

As regards the first part of the prayer is concerned, we do not find any error in view taken by the Committee. As far as the second part is concerned i.e. modification of the approval, we are informed that proposals/representations of the Management are pending before the Education Authorities.

6.

We dispose of this Petition directing the concerned Education Authority to take a decision on the proposals/representations of the Management and communicate the same to the RespondentManagement and the Petitioner. In case, the Education Authority is proceeding to pass any adverse order, it shall communicate the proposed reasons for rejection to the Petitioner and the Respondent-Management, giving them an opportunity to submit their say and after considering the say and judgments of this Court, if annexed to such a say, pass a reasoned order.

2/3

7.

Writ Petition is accordingly disposed of.

8.

The concerned Education Authority will complete the procedure after the say is so received, preferably within a period of 8 weeks, subject to the earlier time bound directions.

(M. M. SATHAYE, J.) (NITIN JAMDAR, J.) 3/3