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Bombay High CourtWP/8997/2016disposed offdismissed for default

Ashok Manikrao Khamkar And Others v. The State Of Maharashtra And Others

2017-12-08Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. M. Gavhane3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8997 OF 2016 Ashok s/o. Manikrao Khamkar & Ors.

..

Petitioners

Versus

The State of Maharashtra & Ors.

..

Respondents Mr.N.L. Jadhav, Advocate for the petitioners. Ms.R.P. Gour, AGP for respondent/State.

WITH CIVIL APPLICATION NO.13885 OF 2017 Anna s/o. Santram Pansare ..

Applicant

Versus

Ashok s/o. Manikrao Khamkar & Ors.

..

Respondents Mr.S.S. Thombre, Advocate for the applicant.

Mr.N.L. Jadhav, Advocate for respondents/ori.petitioners. Ms.R.P. Gour, AGP for respondent/State.

CORAM : S.V.GANGAPURWALA & S.M.GAVHANE,JJ.

DATED :

08.12.2017 P.C. :- 1.

Mr. Jadhav, learned advocate for the petitioners submits that the petitioners have filed objection with the Education Officer to decide the seniority as per Rule 12 of the MEPS Rules. Same may be directed to be decided on its own merit.

( 2 ) 2.

We have heard learned AGP. Mr.Thombre, learned advocate appears for the applicant in Civil Application No.13885 of 2017. Mr.Thombre, learned advocate also contends about seniority.

3.

Considering the fact that the petitioners in the writ petition have already raised objection with regard to seniority, it is for the Education Officer to decide the objection as per Rule 12 of the MEPS Rules on its own merits.

4.

In the light of that, the Education Officer shall decide the objection raised by the present petitioners with regard to seniority on its own merits in accordance with law, after hearing all the interested parties, expeditiously, preferably within two months. The parties shall appear before the Education Officer on 20.12.2017.

5.

Mr. Jadhav, learned advocate for the petitioners and Mr.Thombre, learned advocate for applicant in the Civil Application submit that till the objection is decided by the Education Officer, the parties be directed to maintain status-quo.

( 3 ) 6.

Till the objection is decided by the Education Officer, status-quo as on today be maintained. 7.

The writ petition and the Civil Application are disposed of. No costs.

[S.M.GAVHANE,J.] [S.V.GANGAPURWALA,J.] /2017/ 17/ snk DEC