The Education Officer Primary v. The State Of Maharashtra Through Its Deputy Director Of Education And Others

(1)

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.8333 OF 2022 IN WP/369/2021 WITH WP/369/2021 THE EDUCATION OFFICER PRIMARY

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS DEPUTY DIRECTOR OF EDUCATION AND OTHERS ...

Mr. S.S. Tope, Advocate for the applicant.

Mr. S.G. Sangle, A.G.P. for respondent No.1.

Mr. A.D. Kulkarni, Advocate for petitioner in Petition. Mr. R.D. Biradar, Advocate for respondent Nos.3 to 5. ...

CORAM :

RAVINDRA V. GHUGE AND SANDIPKUMAR C. MORE, JJ.

DATED : 07-06-2022.

P.C. :

1.

We had passed an order on 21-04-2022 as under : "1.

The frst notice was issued by this Court on 12.06.2021. Despite service on respondent Nos. 2 to 5, none appeared. Therefore, this Court issued notice for fnal disposal on 16.02.2021. Yet, no appearance has been entered despite these respondent Nos.2 and 4 having been served.

2.

In view of the above, we grant time to respondent Nos. 3 and 5 to enter their affdavits in reply on or before 09.06.2022.

3.

Issue bailable warrant in the sum of Rs.25,000/- each to secure the presence of respondent No.2 and the Headmaster of respondent No.4, on 07.06.2022.

(2) 4.

Stand over to 07.06.2022 in the "Urgent Admissions Category". All offce objections shall be removed on or before 05.05.2022, failing which, this petition shall stand dismissed without reference to the Court on 06.05.2022".

2.

The applicant is the same Education Offcer who had not responded to the service of Court notice as is evident from the above reproduced order. He is present in the Court. An unconditional apology is tendered for having failed to respond in time. At the same time, it is stated that two clerks (names not mentioned in the memo of the application) namely Smt. Jayashree Ramrao Kamble and Shri S.I. Shaikh are, according to the Education Offcer, prima facie responsible for not bringing the Court proceedings to the notice of the applicant. A show-cause notice dated 11-05-2022 has been issued to them. Their reply has been received. It is stated that action against them would be initiated within two weeks from today.

3.

Considering the above and the conduct of the applicant, we are recalling our order of issuance of bailable warrant on the condition that the applicant shall deposit an amount of Rs. 5,000/- (Rupees Five Thousand) with the Advocates' Association of Bombay High Court, Bench at

(3) Aurangabad within two weeks from today.

4.

In view of the above, this Civil Application is disposed off, however, by recording that after two weeks, the Education Offcer shall place before us the details of the action initiated against the two clerks.

5.

The Education Offcer has fled an affdavit-in-reply to the writ petition. Respondent Nos.3 and 5 intend to fle an affdavit-in-reply which is ready today. Copies would be supplied to the learned Advocates for the respective sides. Offce to accept the affdavit-in-reply.

6.

List the Writ Petition on 22nd June 2022 in the urgent category.

(SANDIPKUMAR C. MORE, J.) (RAVINDRA V. GHUGE, J.) VD_Dhirde