Rahul Yashavant Suryavanshi v. The State Of Maharashtra Through Principal Secretary And Others

2024:BHC-AUG:16055-DB 952 WP 7637 OF 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 WRIT PETITION NO. 7637 OF 2022 RAHUL YASHAVANT SURYAVANSHI

VERSUS

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

Advocate for the Petitioner : Mr. Patil (Borse) Paresh B. AGP for Respondent nos. 1 to 3 : Mr. K.B. Patil-Bharaswadkar Advocate for Respondent no. 4 : Mr. M.D. Gitte ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 30.07.2024 PER COURT :

Heard.

2.

The Eduction Officer, who had granted approval to the petitioner's appointment at earlier point of time, by the impugned order has recalled the earlier approval by referring to couple of grounds. 3.

In a similar set of facts, in the matter of another employee of the same management; Harshalkumar s/o Subhash Pawar Vs. The State of Maharashtra and others, in Writ Petition No.7109/2022, decided on 10.06.2024, we have referred to the earlier decision in the matter of Mrs. Shivanee Prasanna Deshpande Vs. State of Maharashtra and others (in Writ Petition No. 10133/2016 and connected matters) decided at the Principal Seat and had concluded that the Education Officer, who had granted approval after examining all aspects could not have undertaken a fresh exercise and could not have passed the impugned order recalling or revoking the approval granted at earlier point of time. 1/2

952 WP 7637 OF 2022.odt 4.

For the self same reasons, the writ petition is allowed. The impugned order is quashed and set aside. The approval granted earlier on 25.10.2021 stands restored.

( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 2/2