Sunil Hiraman Thakur v. The State Of Maharashtra Thr Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 Writ Petition No.9938 Of 2021 Sunil Hiraman Thakur .. Petitioner

Versus

The State of Maharashtra Thr Principal Secretary and Others .. Respondents ...

Mr K.T. Sirurkar, Advocate for the Petitioner Mrs V.N. Patil - Jadhav, AGP for the Respondent - State ...

CORAM : S. V. GANGAPURWALA AND R.N. LADDHA, JJ.

DATE : 07-09-2021 PER COURT : - 1.

We have heard Mr Sirurkar, learned Advocate for the petitioner. 2.

The petitioner seeks directions against respondent nos.3 and 4 to reinstate him as a trained teacher from Scheduled Tribe category. According to the learned Counsel for the petitioner, the petitioner was appointed from Scheduled Tribe category. He was not holding the validity certificate. This year the petitioner has received the validity certificate. The respondents be directed to reinstate the petitioner.

3.

The learned AGP waives notice for Respondent nos.1 and 2 and Gajanan

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submits that the petitioner was terminated in the year 2005. 4.

The petitioner had worked hardly for one year. The proposal for approval was rejected. Pursuant to the rejection of the proposal for approval, the petitioner was terminated in the year 2005. The petitioner would have challenged the order of termination before the School Tribunal as may be permissible under law. It would be too late now to entertain the present writ petition. The petitioner was also not the permanent employee at the time of termination of the service.

5.

In light of that, the relief claimed cannot be granted. Writ Petition is disposed of. No costs.

[ R.N. LADDHA ] [ S. V. GANGAPURWALA ] JUDGE JUDGE ...

Gajanan