Saiprasad Dattatray Lokhande v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:11752-DB 1 929-WP-6128-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6128 OF 2024 SAIPRASAD DATTATRAY LOKHANDE

VERSUS

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

Advocate for the Petitioner : Mr. Dighe Vitthal Haribhau AGP for Respondents/State : Mr. K.S. Patil ...

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

DATE : 25 JUNE 2024 PER COURT :

.

Heard the learned Advocate for the petitioner and learned AGP. 2.

The petitioner is aggrieved by the impugned communication whereby respondent no.2/Education Officer (secondary) has refused to grant approval to the petitioner's appointment on compassionate ground for the sole reason that he had not cleared TET. It is being pointed out that by virtue of Government Resolution dated 20.01.2016, it has been expressly directed that in respect of such appointments on compassionate ground, there would be exemption from clearing the TET and TAIT.

3.

The writ petition is allowed partly. The impugned order is quashed and set aside.

2 929-WP-6128-2024.doc 4.

The respondent no.2/Education Officer shall pass a fresh order on the petitioner's proposal for grant of approval on its own merits, but it shall not be rejected on the ground that he had not cleared TET. 5.

The decision shall be taken as expeditiously as possible and in any case within four weeks.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb..