Sahyadri Bahujan Vidya Prasarak Samaj v. The State Of Maharashtra And Others

2023:BHC-AUG:26120-DB ( 1 ) 905 wp 4822.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 WRIT PETITION NO.4822 OF 2021 WITH CA/6693/2022 IN WP/4822/2021 WITH CA/8824/2022 IN WP/4822/2021 WITH CA/10047/2023 IN WP/4822/2021 SAHYADRI BAHUJAN VIDYA PRASARAK SAMAJ

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Shelke Shivaji T. AGP for Respondents/State : Mr. P.K. Lakhotiya Advocate for Intervenor : Mr. P.B. Shirsat ...

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE : 8th December, 2023 P.C. :- 1.

Heard the learned advocate for the respective sides. The ad interim order dated 24.03.2022 passed by this Court (Coram: Smt. Sadhana S. Jadhav and S.G. Dighe, JJ.) reads as under:

"1] The petitioner institution has approached this Court time and again seeking directions to the respondent - Education Officer to grant permission to fill in the vacant aided / unaided posts in the said institution. However, it appears that the Education Officer is not taken cognizance of the representation made to them despite the orders passed by this Court.

2] Taking into consideration the vacancy in the said institution, the petitioner institution may proceed to fill in the unaided posts by issuing advertisement, following proper selection process and appointing proper qualified employees. The petitioner institution

( 2 ) 905 wp 4822.21 shall fill in 28 unaided posts in accordance with law in Secondary and Higher Secondary / Junior College.

3] Stand over to 28.04.2022."

2.

Considering the above, this petition is disposed off in terms of the interim order.

3.

Needles to state, the issue of approval of the appointed candidates would be subject matter of adjudication by the Education Officer and all contentions in that regard are kept open expecting the Education Officer to deal with the said issue on its own merits.

4.

Pending Civil Applications would not survive and stand disposed off.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub