Magar Bhau Dada v. The State Of Maharashtra Through The Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8493 OF 2022 MAGAR BHAU DADA

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS Mr.S.T.Shelke, Advocate for the petitioner.

Mr.S.K.Tambe, AGP for the State.

( CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.) DATE : AUGUST 22, 2022 PER COURT :

1.

The petitioner claims to be appointed as an ' Assistant Teacher'

on 01.01.2018. Proposal for approval is not yet decided. 2.

The learned AGP submits that the appointment of the petitioner is in violation of the Pavitra Portal System. He submits that the Pavitra Portal System has been introduced in the light of the judgment of this Court at the Nagpur Bench in a public interest litigation. 3.

The proposal dated 18.02.2022 has been tendered by the khs/August 2022/8493

- 2 - Management. The petitioner prays that his proposal be considered. We are not directing the respondent to decide the proposal of the petitioner, de-hors the rules and the policies. We would only direct the authority to consider the proposal strictly in accordance with the rules and policies applicable.

4.

In view of the above, this petition is disposed off. We expect respondent No.2 to consider the proposal strictly in accordance with the rules, policies as are applicable and preferably on or before 30.11.2022. 5.

We make it clear that we have not expressed any opinion on the merits of the claim of the petitioner.

( ARUN R. PEDNEKER, J. ) ( RAVINDRA V. GHUGE, J.) khs/August 2022/8493