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Bombay High CourtWP/9505/2017disposed offdismissed for default

Ramrao Gopalrao Aglave v. The State Of Maharashtra And Others

2018-02-27Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale4 pages

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.9505 OF 2017 WITH CIVIL APPLICATION NO.862 OF 2018 IN WRIT PETITION NO.9505 OF 2017 Ramrao S/o Gopalrao Aglave ... Petitioner.

Versus

The State of Maharashtra and others.

... Respondents.

...

Mr.V.S.Panpatte, advocate for the petitioner. Mrs.A.V.Gondhalekar, Additional Government Pleader for the State.

Mr.I.D.Maniyar, advocate for Respondent Nos.3 and 4.

...

CORAM : S.V.GANGAPURWALA AND A.M. DHAVALE,JJ.

Date : 27.02.2018.

PER COURT :

1.

The proposal seeking approval to the appointment of petitioner as Shikshan Sevak is rejected.

2.

This Court had issued show cause notice to the Education Officer under order dated 27.9.2017. Pursuant to the order the then Education Officer Dr.Ganpat More, is present in the Court. He has filed his affidavit tendering unconditional apology and has further assured that such mistakes would not be repeated. He has accepted that the orders passed by him assailed in the present petition were in breach of the orders passed by this Court in W.P.No.8512/2016 filed by the petitioner earlier.

3.

On going through the affidavit filed by him and remorse shown by him, we accept unconditional apology.

4.

The impugned order as is passed on the same ground which was set aside by this Court in W.P.No.8512/2016 is set aside. The Education Officer shall consider the proposal seeking approval to the appointment of the petitioner as Shikshan Sevak afresh and shall abide by the orders passed by this Court in W.P.No.8512/2016 dated 13.4.2017. Naturally, all the relevant

conditions as on the date the petitioner was appointed shall be considered. The same shall be decided within three (3) months.

5.

The Writ Petition is disposed of. No costs.

6.

In view of disposal of Writ Petition, the Civil Application does not survive. The same stands disposed of.

(A.M.DHAVALE,J.) (S.V.GANGAPURWALA,J.) asp/office/wp9505.17