Narsing Pandit Indrale And Another v. The State Of Maharashtra Through Its Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3469 OF 2024 Narsing s/o Pandit Indrale & another .. Petitioners versus The State of Maharashtra & others .. Respondents Mr. T. M. Venjane, Advocate for the Petitioners. Mr. S. K. Tambe, AGP for the State.

CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 3rd APRIL, 2024.

PER COURT :

1.

This is yet one more case wherein the Deputy Director, Education, Latur Division, Latur, Dr. Ganpat More has rejected the proposal of including the names of the Petitioners in the Shalarth id, after their transfer to the 20% grant-in-aid establishment. The only reason for rejecting the proposal is that there are certain deficiencies. 2.

Time and again we have consistently held that after the proposals are tendered, if there are any defects, the party should be directed to remove the defects and once the proposal becomes defectfree or deficiency-free, the proposal can be considered.

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In view of the above, this Writ Petition is partly allowed. The impugned order dated 20th November, 2023, is quashed and set aside only to the extent of dismissing the proposal. The proposal sent by the Management shall stand restored before the said authority. The Management shall remove the defects and thereafter the concerned authority would consider the proposal on its own merits.

( R. M. JOSHI) ( RAVINDRA V. GHUGE) JUDGE JUDGE dyb