← Library
Bombay High CourtWP/10425/2023disposed off

Bharat Rambhau Gochade v. The State Of Maharashtra Through Its Secretary And Others

2023-08-28Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

- 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 WRIT PETITION NO.10425 OF 2023 BHARAT RAMBHAU GOCHADE

VERSUS

THE STATE OF MAHARASHTRA THROUGH IT'

S SECRETARY AND OTHERS Mr.A.S.Kadam, Advocate for the Petitioner.

Mr.A.V.Deshmukh, AGP for the Respondent/State. ( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : AUGUST 28, 2023 PER COURT :

1.

On 23.08.2023, we had passed the following order :- "1. The Education Officer, besides completing the formality of issuing a letter dated 13.01.2020 to the Headmaster-Respondent No.4, has thereafter not initiated any steps despite representation by the Petitioner.

2. List this petition on 28.08.2023 in the passing orders category.

3. Respondent No.2 shall remain present in the Court and explain why further steps were not initiated."

2.

The learned AGP submits that Respondent No.2 Mr.Nagnath Malaji Shinde, is present in the Court. He is the Education khs/August 2023/10425

- 2 - Officer (Secondary), Zilla Parishad, Beed. An affidavit dated 25.08.2023 has been tendered. An additional affidavit dated 28.08.2023 is also tendered by the Education Officer (Secondary) through Nagnath Malaji Shinde. He has tendered an unconditional apology. The action as was expected by this Court by it's order dated 09.04.2019 in WP No.710/2016, was not initiated. However, in the light of both the affidavits, the learned AGP submits that today the proposal of the Management has reached the Office of the Education Officer and a decision on it'

s own merits would be arrived at within 30 days. 3.

In view of the above, we accept the apology of Mr Shinde, Education Officer. Needless to state, we expect him to follow the due procedure laid down in Law and take a decision on the proposal within the contours of Law, within a period of 30 days. 4.

In view of the above directions, this petition is disposed off. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) khs/August 2023/10425