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Bombay High CourtWP/3968/2014rejected at admission stage

Latur Education Society, Latur And Another v. The State Of Maharashtra And Others

2015-04-28Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice P.R. Bora3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 WRIT PETITION NO. 2752 OF 2014 JALIL MEERASAB SHAIKH ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS.

...

Mr. R.D. Biradar, Advocate for Petitioner Mr. D.V. Tele, AGP for Respondent State Mr. V.D. Gunale, Advocate for Respondents No. 4 and 5 ...

WITH WIRT PETITION NO. 2770 OF 2014 BHAGWAN S/O. DHONDIBA DHOBLE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS.

...

Mr. R.D. Biradar, Advocate for Petitioner Mr. D.V. Tele, AGP for Respondent State Mr. V.D. Gunale, Advocate for Respondents No. 4 and 5 Mr. R.S. Deshmukh, Advocate for Respondent No.6. ...

WITH

WIRT PETITION NO. 3967 OF 2014 LATUR EDUCATION SOCIETY, LAUTR AND ANOTHER ..PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. V.D. Gunale, Advocate for Petitioners Mr. D.V. Tele, AGP for Respondent State Mr. R.D. Biradar, Advocate for Respondents No. 4 Mr. R.S. Deshmukh, Advocate for Respondent No.5. ...

WITH WIRT PETITION NO. 3968 OF 2014 LATUR EDUCATION SOCIETY, LAUTR AND ANOTHER ..PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. V.D. Gunale, Advocate for Petitioners Mr. D.V. Tele, AGP for Respondent State Mr. R.D. Biradar, Advocate for Respondents No. 3 ...

CORAM : S.S. SHINDE & P.R.BORA, JJ.

DATE : 28th April, 2015 ...

PER COURT:- 1) Writ Petition NO. 2754/2014 takes exception to the transfer order dated 10.06.2013, issued by the Respondent No.4 Secretary, Latur Education Society, Latur annexed at Exhibit 'E' to the Petition.

2) Writ Petition No. 2770/2014 takes exception to the order dated 10.06.2013, issued by the Respondent No.4 Secretary, Latur Education Society, Latur. The Petitioner has also prayed for promotion on the post of Lab Attendant as per seniority.

3) We are not inclined to interfere in the impugned transfer orders, as the said orders have already been taken effect. No material is placed on record, which would indicate that, the impugned orders are passed with a malafide intention or as a result of arbitrary exercise of powers by the Respondents No.4 and 5. No case is made out to exercise the writ jurisdiction. Petitions are rejected. 4) However, the issue of promotion is left open to be agitated in appropriate proceedings.

5) In view of rejection of the Writ Petitions No. 2752/2014 and 2770/2014 itself, the Writ Petitions No. 3967/2014 and 3968/2014 filed by the Latur Education Society, Latur stand disposed of.

[P.R.BORA, J.] [S.S.SHINDE, J.] ...

S.P.Rane