Bhagwan Dharmaji Garje v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2333 OF 2019 Bhagwan s/o Dharmaji Garje Petitioner

Versus

The State of Maharashtra & others Respondents Mr. P.K. Wagh, advocate for petitioner.

Mrs. M.A. Deshpande, AGP for respondents no. 1 and 2. Mr. V.M. Chate, advocate for respondent no. 3. CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 13th March, 2019.

P.C. :

Heard learned counsel for the petitioner.

2.

On the backdrop of the material placed on record as well limited prayer submitted before this Court by learned counsel for the petitioner, by consent, the petition is taken up for disposal at admission stage.

3.

Issue notice to respondents returnable forthwith. Learned AGP waives service of notice on behalf of respondents no. 1 and 2. Learned counsel Mr. Chate waives service of notice on behalf of respondent no. 3.

4.

Petitioner was initially appointed in Urdu medium school to teach Marathi subject. Copy of the appointment order is placed on record. Later on, petitioner was transferred to Urdu medium

{2} wp2333.19.odt school to teach Urdu subject. Submission is, as the petitioner is not conversant with Urdu language and has academic qualification to teach Marathi language and History subject, the transfer would not only affect the petitioner personally but it would also affect the students in general.

5.

Representations are submitted by the petitioner to the Divisional Commissioner. Representations dated 29.09.2016 and 09.12.2016 are placed on record. The School Committee also supported the cause of petitioner by submitting representation to the Chief Executive officer, Zilla Parishad, Beed on 28.06.2018. As the application/representation is pending before the Chief Executive Officer, Zilla Parishad, Beed for considerable period, the petitioner is before this Court seeking directions to respondent no. 3 ­ Chief Executive Officer, Zilla Parishad, Beed, to decide the representation.

6.

In view of above referred facts, the petition is disposed of with directions to respondent no. 3 ­ Chief Executive Officer, Zilla Parishad, Beed, to decide representation dated 28.06.2018 as expeditiously as possible and not later than four weeks from the date of receipt of order of this Court.

NITIN W. SAMBRE PRASANNA B. VARALE JUDGE JUDGE dyb