Bombay High CourtWP/1873/2017disposed offdismissed for default

Bharat Madhukar Kulkarni v. Education Officer Zp Ahmednagar And Others

2017-07-03Hon'Ble Shri Justice Anoop V. Mohta,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

WP 1873/17 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1873/2017 Bharat Madhukar Kulkarni.

...Petitioner..

Versus

Education Officer, Z.P., Ahmednagar & others.

...Respondents...

.....

Shri Sushant V. Dixit, Advocate for petitioner. Shri A.V. Deshmukh, AGP for respondent nos.1 & 4. Shri L.V. Sangit, Advocate for respondent nos.2 & 3. .....

CORAM: ANOOP V. MOHTA & SUNIL K. KOTWAL, JJ.

DATE: 03.07.2017 FINAL ORDER :

1] Heard learned counsel for the parties.

2] On hearing the parties finally, we are inclined to dispose of present petition.

3] Though the petitioner has been working since July, 2005, yet the Education Officer has rejected the approval mainly on the ground that there were no vacancies and there was ban on the appointments.

4] The affidavit and the documents placed on record make the position clear so far as the management is concerned, who are supporting the petitioner's case in

WP 1873/17 - 2 - every aspect.

5] The case of the petitioner that now there are two vacancies available in which even if one is required to be considered for VJNT, as averred in the affidavit filed by respondents dated 6.4.2017, though that was not the case while rejecting the approval of the petitioner while passing the order dated 5.2.2015, the petitioner can be considered on the remaining vacancy.

6] Therefore, in the interest of justice and to avoid the delay and in view of the fact that the petitioner has been in service since 2005, we are inclined to direct the respondents to deal with the case of the petitioner and the proposal of the management in accordance with law at the earliest and preferably within a period of eight weeks from today. All points are kept open. It is made clear that the respondents shall deal with the case of the petitioner uninfluenced by the observations already made in the order dated 5.2.2015.

7] The petition is disposed of accordingly. No costs. (SUNIL K. KOTWAL, J.) (ANOOP V. MOHTA, J.) ndk/c371717.doc