Eknath Sajjan Bhoye v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2384 OF 2016 EKNATH SAJJAN BHOYE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS -- Mrs.S.K.Doke, advocate for petitioner Mr.V.S.Badakh, AGP for respondent nos.1 to 3 Mr.E.S.Murge, advocate for respondent nos.4 and 5 -- CORAM : S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : APRIL 27, 2016 PER COURT :

Heard the learned counsel appearing for the petitioner; the learned AGP appearing for respondent nos.1 to 3; and the learned counsel appearing for respondent nos.4 and 5.

2] Upon perusal of the reasons assigned by respondent no.3 - Education Officer in its communication dated 30th August, 2013 addressed to respondent no.6 - Headmaster, it appears that on flimsy grounds, the proposal for approval of

2 30-wp2384-16.odt appointment of the petitioner, has been rejected. In fact, on the said grounds, the proposal should not have been rejected by respondent no.3 - Education Officer.

3] The learned counsel appearing for respondent nos.4 and 5 submits that after removing the defects, the proposal was resubmitted to the office of respondent no.3.

4] In that view of the matter, we quash and set aside the impugned communication dated 30th August, 2013. We direct respondent no.3 - Education Officer to take a decision on the said resubmitted proposal as expeditiously as possible, however, on or before 20th May, 2016 and communicate the decision to respondent no.6.

5] Needless to observed that respondent no.3 - Education Officer shall not reject the said

3 30-wp2384-16.odt proposal on technical grounds as has been raised in the communication dated 30th August, 2013. 6] The Writ Petition stands allowed and disposed of in the above terms.

7] The parties to act on authenticated copies of this order.

[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.] kbp