Vinod Eknath Kamble v. The State Of Maharashtra Through Its Secretary And Others

59.WP-7325-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7325 OF 2023 VINOD EKNATH KAMBLE

VERSUS

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

Advocate for Petitioner : Mr. Panpatte V. S.

AGP for Respondents/State : Mrs. M. A. Deshpande ...

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

DATE : 3 JULY 2023.

PER COURT :

Heard.

1.

The petitioner'

s proposal for grant of approval has been turned down on the ground that he has cleared the T.E.T. after the cut off date. The issue was considered by this Court and is now pending before the Supreme Court in Special Leave to Appeal No.8300/2021, wherein the order of this Court though not stayed, a status-quo has been directed to be maintained.

2.

This being the only ground on which the approval has been

59.WP-7325-2023.doc refused, we allow the writ petition partly, quash set aside the impugned communication and relegate the matter to the respondent no.3/ Education Officer (Secondary), Zilla Parishad, Latur for a fresh decision in accordance with law. However, approval shall not be refused for the reasons mentioned in the impugned communication. It is clarified that any decision in favour of the petitioner would be subject to the decision in Special Leave to Appeal No.8300/2021.

3.

The respondent no.3/Education Officer shall consider the proposal on its merits and decide it as expeditiously as possible and in any case within six weeks.

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