Sanjay Dayaram Deore v. The State Of Maharashtra Through Its Secretary And Another

2025:BHC-AUG:4014-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 74 WRIT PETITION NO. 2008 OF 2025 SANJAY DAYARAM DEORE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER Mr.Y.B.Bolkar h/f Mr.A.S.Mali, Advocate for the petitioner. Mr.V.M.Kagne, AGP for the respondent/State.

Mr.U.S.Patil, Advocate for respondent No.2.

( CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ. ) DATE : FEBRUARY 11, 2025 PER COURT :

1.

We have heard both the sides finally.

2.

By the impugned order dated 25.09.2023, respondent No.2 / Education Officer, Primary, has refused to exercise the powers vested in him under Clause 26.4 of the Secondary School Code only on the ground that it could be exercised only till the time a student is taking education in the school, which ground find favour in the matter of Janabai d/o Himmatrao Thakur Vs. State of Maharashtra and others [2019(6) Mh.L.J. 769].

khs/Feb.2025/2008

- 2 - 3.

In the light of the above, the writ petition is partly allowed. The impugned order is quashed and set aside. Respondent No.2 / Education Officer shall now consider the same proposal and pass a fresh order strictly in the light of the principles laid down in the matter of Janabai (supra), as expeditiously as possible and in any case within 5 weeks.

( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.) khs/Feb.2025/2008