Rahul Nagesh Kale v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 WRIT PETITION NO.3164 OF 2020 RAHUL NAGESH KALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr Suvidh S. Kulkarni, Advocate for petitioner; Mr S. R. Yadav-Lonikar, A.G.P. for respondents CORAM : RAVINDRA V. GHUGE AND S. G. MEHARE, JJ.

DATE : 27th July, 2021 PER COURT:

1.

On 13/07/2021, we had passed the following order : "1.

We have briefly heard the learned Counsel for the respective sides.

2.

We have perused the letter dated 4.4.2018 addressed by the Under Secretary, School Education and Sports Department, State of Maharashtra, to respondent No.2 herein, calling upon him to initiate steps within seven days. No further steps have been taken despite a passage of 3 years and 2 months.

3.

The learned A.G.P. seeks an adjournment so as to take instructions from a new person who has recently occupied the position of respondent no.2. We expect the

(2) learned A.G.P., not only to take instructions, but to initiate appropriate steps prior to the next date.

4.

List this petition on 27.7.2021, in the passing orders category."

2.

There is no dispute that the petitioner is one of the 92 persons who has been placed in the select list. Respondent No.2 has issued an order on 21/01/2019 for instructing the competent authority to issue appointment orders to these members of the select list. 3.

On 22/07/2021, Writ Petition No.3329/2020 filed by Kalyan Prabhu Shep (represented by Advocate Mr S. S. Thombre) was disposed off with a direction that a prompt decision should be taken preferably before 30/10/2021 for issuing an appointment order of 'Shikshan Sevak' to the said petitioner, keeping in view that the academic year 2021-2022 had commenced and the schools were gradually reopening in a phased manner in the backdrop of the COVID-19 Pandemic lock-down.

4.

The learned A.G.P. fairly submits that the record does not demonstrate anything adverse to the petitioner, who is one of the 92

(3) persons, who are in the select list. This petition can also be disposed off in the terms in which Writ Petition No.3329/2020 was disposed off.

5.

In view of the above, this petition is disposed off. Considering that the respondents have acknowledged the eligibility and the selection of the petitioner, we expect that the respondents would take a decision with promptitude and preferably on or before 30.10.2021 since the academic year 2021-2022 has commenced and the schools are gradually re-opening in a phased manner.

(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) sjk