Lahu Trimbak Shelke v. The State Of Maharashtra Through Its Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 WRIT PETITION NO. 7442 OF 2023 LAHU TRIMBAK SHELKE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. M.D. Narwadkar h/f. Mr. Thombre Chandrakant V.

AGP for Respondent Nos. 1 & 2 : Mrs. M.A. Deshpande ...

CORAM

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

DATE : 05 JULY 2023 PC :

Heard learned Advocate for the petitioner and also learned AGP for respondent nos. 1 and 2.

2.

The petitioner's proposal for grant of approval from unaided division to aided division has been turned down by the impugned communication only on the ground of issuance of circular dated 01 December 2022.

3.

In the matter of Friend Social Circle, Akola through its Secretary, Mohd. Farooque Gulam Gaus and others Versus The State of Maharashtra, through its secretary, Education and Sports Department, Mumbai and another, in Writ Petition No. 8215 of 2022 (Nagpur Bench), by the order dated 21 December 2022, operation of this very circular dated 01 December 2022, has been stayed. It is

pertinently observed that the Administrative Circular cannot supersede the statutory provisions containing Rule 41 A of the MEPS Rules, 1981. 4.

We allow Writ Petition partly and quash and set aside the impugned communication dated 02 June 2023 (Exhibit 'F') and relegated the matter once again to respondent no. 2 - Deputy Director, for decision afresh which shall be taken as expeditiously as possible and in any case within a period of eight weeks from today, however, without resorting to the ground as is mentioned in the impugned communication.

[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE spc/