Sameer Salim Pathan v. The State Of Maharashtra Through Its Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 944 WRIT PETITION NO. 124 OF 2025 Sameer Salim Pathan ....Petitioner

VERSUS

The State of Maharashtra & others .....Respondents Mr. V. H. Dighe, Advocate for the Petitioner. Mrs. V. N. Patil Jadhav, AGP for the State.

CORAM : ALOK ARADHE, CJ. & RAVINDRA V. GHUGE, J.

DATE : 19th MARCH, 2025.

PER COURT :

1.

The learned AGP appears on behalf of the Education Officer, (Secondary), Zilla Parishad, Ahmednagar, who has passed the impugned order dated 28.11.2022.

2.

This is yet one more case wherein the Education Officer Mr. Ashok Kadus has pointed out deficiencies/objections in the proposal seeking approval and, without granting an opportunity to the management to remove the deficiencies, has rejected the proposal. In at least two dozen cases involving the same Education Officer, this Court has passed orders setting aside such orders and also imposed costs in some of the matters.

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In view of the above, this Writ Petition is partly allowed. The impugned order dated 28.11.2022 is quashed and set aside. The deficiencies set out in the impugned order shall be treated as a notice to the management, which shall remove the deficiencies within a period of 45 days from the date of service of this order. After the deficiencies are removed, the Education Officer shall deal with the said revised proposal tendered and without raising any further objections, decide the said proposal on its own merits by following the due procedure laid down in law, within a further period of 45 days.

4.

We could have imposed cost in this matter, but for the request of the learned AGP.

5.

The Petitioner shall serve a copy of this order, obtained from the official website of the Bombay High Court, upon the Management, by speed post A D.

(RAVINDRA V. GHUGE, J.) ( CHIEF JUSTICE ) dyb