Dilip Maroti Murade v. The State Of Maharashtra And Others

95-WP-5709-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5709 OF 2020 Pratiksha Nivrutti Kale ..PETITIONER

VERSUS

State of Maharashtra and Others ..RESPONDENTS WITH CIVIL APPLICATION NO. 6019 OF 2020 IN WRIT PETITION NO. 5709 OF 2020 Dilip Maroti Murade ..APPLICANT

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. S.S. Jadhavar, Advocate for petitioner Mr. V.D. Hon, Senior Advocate i/b Mr. A.S. Gandhi, Advocate for applicant Mr. K.N. Lokhande, A.G.P. for respondent - State ....

CORAM : S.V. GANGAPURWALA AND R.G. AVACHAT, JJ.

DATED : 23rd NOVEMBER, 2020 PER COURT :

Under the impugned order, approval granted to appointment of the petitioner is stayed by Respondent No.2 - Education Officer (Secondary), Zilla Parishad, Ahmednagar.

2.

We have heard Mr. Jadhavar, learned counsel for the petitioner, Mr. Lokhande, learned A.G.P. and Mr. Hon, learned Senior Counsel for applicant. 1 / 2

95-WP-5709-20.odt 3.

It appears that the basic grievance of the petitioner is that the impugned order is passed without issuing notice to the petitioner and without hearing her. The parties have made rival contentions. We are not dilating upon it. In the present matter, interest of justice would be sub-served if the Education Officer (Secondary) is directed to take decision afresh after hearing the parties concerned.

4.

The parties shall appear before the Education Officer (Secondary), Zilla Parishad, Ahmednagar on 10th December, 2020. The parties may put forth their case before the Education Officer. After hearing the parties, the Education Officer shall take decision with regard to approval of the petitioner on its own merits, preferably within one month from appearance of the parties. 5.

Till the decision taken by the Education Officer as directed above, status-quo directed by this Court, vide order dated 10th August, 2020, be maintained.

6.

Writ petition is disposed of. No costs. In view of disposal of writ petition, civil application is also disposed of. ( R.G. AVACHAT, J. ) ( S.V. GANGAPURWALA, J. ) SSD 2 / 2