Shrikant Sudam Bhor v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:13954-DB 1 wp 5121.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5121 OF 2023 Shrikant Sudam Bhor .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Vithal H. Dighe, Advocate for the Petitioner. Shri P. S. Patil, Addl.G.P. for the Respondent Nos. 1 and 2. Shri S. S. Wagh, Advocate for the Respondent No.3. CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE : 11 JULY, 2024.

FINAL ORDER :

.

Petitioner is aggrieved by the impugned order dated 11 March 2022 passed by the respondent/Deputy Director of Education, Pune refusing to grant approval to the petitioner's appointment dated 14.06.2019 on the ground that it was contrary to the Government Resolution dated 23.06.2017 and was not through Pavitra Portal.

2.

This Court has consistently in several matters demonstrated as to how Pavitra Portal was not active more so when the petitioner was appointed on 14.06.2019. Any subsequent Government Resolution would perse would not be applicable to the petitioner's appointment.

2 wp 5121.23 3.

Since the impugned order only refuses to grant approval on the sole ground it being contrary to the Government Resolution dated 23.06.2017, we set aside that order and remit the matter back to the respondent/Deputy Director of Education, Pune for decision afresh on the self same proposal on its own merits and in accordance with law. He shall take fresh decision as expeditiously as possible and in any case within a period of eight

(08) weeks from today. However, he shall not reject it on the ground mentioned in the impugned order.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/July 24