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Bombay High CourtWP/3926/2023disposed off

Shree Swami Vivekanand Bahuuddeshiya Vikas Mandal Through Its President Babruwan Manikrao Jadhav v. State Of Maharashtra Through Its Principal Secretary And Others

2023-04-11Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

3926.23wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 WRIT PETITION NO.3926 OF 2023 SHREE SWAMI VIVEKANAND BAHU-UDDESHIYA VIKAS MANDAL THROUGH ITS PRESIDENT BABRUWAN MANIKRAO JADHAV

VERSUS

STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ....

Mr S. B. Solanke, Advocate for Petitioner;

Mr V. M. Kagne, A.G.P. for Respondent Nos.1, 2, 4 & 5 CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATE : 11th April, 2023 PER COURT:

1.

The learned A.G.P. has taken instructions and submits that, it has been an error on the part of the Director of Education in issuing the impugned communication dated 30/01/2023, requesting the Divisional President, Maharashtra State Secondary and Higher Secondary Board, Latur, to decide the Appeal preferred by the Petitioner. The said appeal actually has to be referred to a Committee constituted by the Government Resolution dated 01/10/2019, issued by the School Education and Sports Department, Government of Maharashtra. He submits that,

3926.23wp (2) the Director of Education shall issue a Corrigendum within 10 days from today and refer the case of the Petitioner to the Competent Committee.

2.

In view of the above, this petition is disposed off, with the following directions :- (a) Respondent No.2 would issue a Corrigendum and inform all those parties, who are litigating in the said appeal filed by the Petitioner.

(b) Respondent No.2 shall then refer the Appeal preferred by the Petitioner to the Competent Committee, on or before 15/05/2023.

(c) After the case is referred to the Competent Committee, the Committee shall issue notices to all the litigating parties to the appeal, returnable on 30/06/2023. (d) After granting reasonable opportunity of hearing to all the litigating parties, and by adhering to the procedure laid down in law, the said Committee shall decide the appeal of the Petitioner, as expeditiously as possible and in any case, on or before 15/09/2023.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk