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Bombay High CourtWP/8016/2020disposed off

Vikramaditya Ram More v. The State Of Maharashtra And Others

2021-09-29Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice S. G. Mehare2 pages

903-WP-8016-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8016 OF 2020 VIKRAMADITYA RAM MORE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Santosh S. Jadhavar AGP for Respondents No. 1 & 2 : Mr. S. B. Pulkundwar Advocate for Respondent No.4 : Mr. B. A. Dhengle ...

CORAM : RAVINDRA V. GHUGE AND S. G. MEHARE, JJ.

DATE : 29th SEPTEMBER, 2021 PER COURT :

1.

The learned AGP representing respondent Nos. 1 and 2 seeks an adjournment on the ground that though he has communicated to the said authority, after this Court issued notice on 04-12-2020 and the notice was served upon him, there has been no response.

2.

Adjournment is sought only on account of the laxity on the part of respondent No.2. As such, we are granting time to respondent No.2 to file an affidavit on or before 14-10-2021, on the condition that he will deposit an amount of Rs.5,000/- from his salary/personal account in the account of the High Court Legal Services Sub Committee, Aurangabad, on or before the same date. 3.

At this juncture, the learned AGP representing the

903-WP-8016-20.odt Education Officer submits that though the Education Officer has covered three points while passing the impugned order dated 17-02-2020, which is pursuant to the direction of this Court dated 21-08-2019 delivered in Writ Petition No.10284 of 2019, several issues like whether the management had sought prior permission under Section 5 of the MEPS Act to appoint a fresh hand and whether the roster system was taken into account, have not been touched/dealt with. As such, he seeks liberty to withdraw the impugned order dated 17-02-2020, so as to pass a fresh order. 4.

In view of the above, this writ petition is disposed off. 5.

Nevertheless, the amount of costs that we have ordered to be paid, shall be deposited for non-cooperation extended by the Education Officer. As the impugned order is recalled, we expect respondent No.2 to comply with the directions set out in the order dated 21-08-2019 (supra) and pass a reasoned order on or before 15-11-2021.

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