Pravinkumar Vishnu Potbhare And Another v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:13623-DB 124.WP.2389.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2389 OF 2024 1.

Pravinkumar S/o Vishnu Potbhare 2.

Anita D/o Ramlingappa Ghavale ...

PETITIONER

VERSUS

1.

The State of Maharashtra through its Principal Secretary, School Education Deptt.

Mantralaya, Mumbai - 400 032 2.

The Deputy Director of Education, Latur, Division, Latur.

3.

Mahatma Basweshwar Education Society, Signal Camp Area, Latur, Tq. And Dist. Latur, through its Secretary 4.

Mahatma Basweshwar Mahavidyalaya, Latur, Tq. And Dist. Latur.

Through its Principal ...

RESPONDENTS ...

Advocate for the Petitioner : Mr. S.S. Thombre AGP for Respondents: Mrs. K.B. Patil - Bharaswadkar Advocate for Respondent No.4 : S.V. Natu ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 08.07.2024 PER COURT:

Heard both the sides.

2.

The petitioners are challenging the impugned order dated 03.01.2024 refusing to grant approval to their initial appointment on the 1/2

124.WP.2389.24.odt ground that no evidence was led by the Management to demonstrate that the petitioners had worked during the relevant period. 3.

Irrespective of the fact that the respondent - Management is now filing an affidavit-in-reply and is coming with the specific stand about the petitioners having worked during the relevant period, since the impugned order will have to be quashed and set aside, the matter would lie before the Committee constituted by Government Resolution dated 27.03.2024 since the cut off date mentioned therein is 01.01.2024 and the impugned order has been passed on 03.01.2024. 4.

We dispose of the petition granting liberty to the petitioner to approach the appropriate authority under the aforementioned Government Resolution. The authority shall entertain the proceeding ignoring the issue regarding limitation if the petition/appeal is filed within three weeks (SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 2/2