Shital Balkrushna Kadus And Another v. The State Of Maharashtra Through The Secretary And Others

908-CA-4497-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4497 OF 2023 IN WP/9470/2022 SHITAL BALKRUSHNA KADUS AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ....

Mr. A. D. Shinde, Advocate for Applicants Mr. S. G. Karlekar, AGP for Respondent No.1 Mr. A. R. Nikam, Advocate for Respondent No.2 Mr. M. V. Narwade, Advocate for Respondent No.5 Mr. K. B. Jadhav, Advocate for Respondent Nos. 7 and 8 ....

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

DATE:14.07.2023 PER COURT :- 1.

We have considered the submissions of the learned Advocates for the respective sides.

2.

The management forwarded the proposal of these applicants/petitioners for inclusion of their names in the Shalarth Pranali vide communication dated 27.03.2023 after 20% grant-inaid was received by the institution. The Education Officer has

(( 2 )) 908-CA-4497-2023 reverted to the school with a communication dated 25.04.2023 along with a copy of the Government Resolution dated 24.04.2023, indicating 11 deficiencies in the proposal.

3.

The communication dated 27.03.2023 is marked as "X-1" for identification. The communication dated 25.04.2023 is marked as "X-2" for identification.

4.

The learned Advocate for the management submits that a formal letter with documents regarding curing the 11 deficiencies, would be forwarded to the Education Officer within ten days. The statement is recorded.

5.

After the Education Officer receives the above stated communication, he shall proceed strictly in accordance with the rules and the policies applicable and after conducting a proper inquiry, he would pass an appropriate order within a period of thirty (30) days, as regards whether the petitioners can be included in the Shalarth Pranali or not. If the decision is in favour of the petitioners, they would be entitled for the proportionate salary as is prescribed by law. If an adverse order is passed, the same shall contain reasons and the decision would be communicated to the management, expeditiously.

(( 3 )) 908-CA-4497-2023 6.

With the above directions, this civil application is disposed off.

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