Umashankar Laxmanrao Sontakke v. The State Of Maharashtra Through The Principal Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 WRIT PETITION NO.7451 OF 2023 UMASHANKAR LAXMANRAO SONTAKKE

VERSUS

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

Advocate for Petitioner : Mr. Chillarge Subhash S. AGP for Respondents-State : Mr. S. G. Sangale ...

CORAM :

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

DATE :

05.07.2023.

PER COURT :

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

2.

The petitioner's proposal as forwarded by the Management for approval to his appointment as an Assistant Teacher, has been turned down by the impugned order of the Education Officer (Secondary), on the ground of issuance of circular dated 01/12/2022. In the matter of Friends Social Circle, Akola through its Secretary, Mohd.Farooque Gulam Gaus and Others Vs. The State of Maharashtra through its Secretary, Education and Sports Department, Mumbai and another, (Writ Petition No.8215 of 2022, decided on 21-

WP 7451-2023 12-2022, Nagpur Bench) operation of the said circular dated 01/12/2022 has been Stayed.

3.

In view of the above, we allow the writ petition partly, quash and set aside the impugned order and direct the respondent Education officer (Secondary) to take a fresh decision on its own merits, but the approval shall not be denied on the ground mentioned in the impugned communication (Exhibit 'J'). Decision shall be taken as expeditiously as possible, and in any case, within a period of eight weeks.

( SHAILESH P. BRAHME, J. ) ( MANGESH S. PATIL, J. ) vjg/-