Dipali Vasudeo Warke v. The State Of Maharashtra Through Its Secretary And Others

37wp14658-23&38

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 WRIT PETITION NO.14658 OF 2023 DIPALI VASUDEO WARKE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 38 WRIT PETITION NO.14659 OF 2023 GAYATRI RAMDAS KANKHARE

VERSUS

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

Advocate for Petitioners : Ms. Seema Gaikwad h/for Mr. Talhar Ajay G. AGP for Respondents State: Ms. Priya Bharaswadkar

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 4th December, 2023 ORDER:

1.

The proposal seeking approval to the appointment of the Petitioners has been rejected vide the impugned order dated 02.08.2022 only for the reason that there is a dispute in the Management. 2.

In several cases, we have held that the Education Officer would concentrate on the material aspects in a matter and only in the event of the signatory to the appointment order being suspicious or disputed, that he may cause a detailed inquiry into the affairs of the management. He is expected to pass a reasoned order.

37wp14658-23&38 3.

In view of the above, these Petitions are partly allowed only for the reason set out herein above. The impugned order dated 02.08.2022 is quashed and set aside and the matter is restored to the file of Respondent No.2 -Education Officer who shall follow the due procedure laid down in law by issuing notices to all the stakeholders and after due verification of the record, pass a reasoned order within 90 days.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan