Saraswati Devi Shikshan Sanstha Dhondwadi Through Its President Mahesh Maroti Rathod v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4363 OF 2022 Saraswati Devi Shikshan Sanstha, Dhondwadi Post. Ghondsi Tq. Jalkot Dist. Latur.

Through it'

s President, Mahesh S/o Maroti Rathod Age: 36 years, Occ.:Agri/President R/o. Dhondwadi Post. Ghondsi, Tq. Jalkot Dist. Latur.

...Petitioner.

Versus

1.

The State of MaharashtraThrough its Principal Secretary, School Eduation & Sports Department, Mantralaya, Mumbai-400032.

2.

The Director of Education, Maharashtra State, Pune.

3.

The Deputy Director of Education, Latur Division, Latur.

3.

The Education Officer (Primary), Zilla Parishad, Nanded.

....Respondents Mr. R.D. Biradar, Advocate for petitioner.

Mr. A.S. Shinde, A.G.P. for respondent Nos. 1 to 3. CORAM : R. D. DHANUKA & S. G. MEHARE, JJ.

DATED : 27/04/2022.

ORAL JUDGMENT : [ PER R.D. DHANUKA, J.] 1.

Rule. The learned A.G.P. waives service for respondent Nos. 1 to 3. No reliefs are sought against respondent No. 4. By consent

WP No.4363/22 of parties, rule is made returnable forthwith. 2.

By this petition under Article 226 of Constitution of India, the petitioner seeks to direct the respondent authority to decide the authenticity of the letter dated 18/4/2017 and other reliefs more particularly set out in the prayer clause 'C'. 3.

We accordingly direct the respondent No. 2 to take decision on the authenticity of the letter dated 18/4/2017 and other prayer made in prayer clause 'C' within a period of two months from today. The order that would be passed by the respondent No. 2 shall be communicated to the petitioner within one week thereafter. 4.

If the petitioner succeeds before respondent No. 2, the consequential benefits shall be given to him. If the order is adverse, the petitioner is at liberty to file appropriate proceedings. 5.

Writ petition is disposed of accordingly. Rule is made absolute in aforesaid terms. There shall be no order as to costs. 6.

It is made clear that this Court has not expressed any opinion on the merits of the proceeding before the respondent No. 2. Parties to act on authenticated copy of this order. [ S. G. MEHARE, J. ] [ R. D. DHANUKA, J. ] ssc/