Kailash Bhimrao Gajhans v. The State Of Maharashtra Through Its Secretary And Others

1 ca 14211.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 956 CIVIL APPLICATION NO.14211 OF 2022 IN WP/5530/2018 KAILASH BHIMRAO GAJHANS

VERSUS

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

Advocate for Applicant: Mr. S. R. Kolhare AGP for Respondent Nos.1 to 3: Mr. A. R. Kale Advocate for Respondent Nos.4&5:

Ms.Akshara Madake h/f. Mr. S. S. Thombre ...

CORAM:RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE: 07th OCTOBER, 2022 PER COURT:

1.

On the basis of a purported compromise between the applicant and the private management, the applicant prays that the management should appoint him provisionally on a vacant post since the compromise would bind the Education Officer since the Education Officer insisted that the applicant be appointed.

2 ca 14211.2022 2.

We do not accept that a compromise between the two private parties would bind the Education Officer. The Petitioner has been terminated from service. He has approached this Court by preferring a Writ Petition for challenging the refusal of approval by the Education Officer. A prayer for reinstatement in service on a vacant post purportedly reserved for the SC category, is set out at prayer clause B-1. 3.

In view of the above, this Civil Application is rejected.

4.

List the Writ Petition for admission on 15.11.2022.

[ARUN R. PEDNEKER, J.] [RAVINDRA V. GHUGE, J.] marathe