Bombay High CourtCAO/30/2016dispossed offdismiss for default

The Joint Director Of Higher Education, Nagpur v. Sudhir S/O. Motiramji Hiwarkar And Others

2016-01-12Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao30.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION NO.30 OF 2016 IN MISC. CIVIL APPLICATION STAMP NO.208 OF 2016 IN WRIT PETITION NO.3081 OF 2000 (D) (The Joint Director of Higher Education, Nagpur ..vs.. Shri Sudhir s/o Motiramji Hiwarkar and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 12-01-2016 Heard Mrs. K.R. Deshpande, learned Assistant Government Pleader for the applicant-original respondent No.6.

Accepting the reasons stated in the application, the delay of 45 days in filing the application for review of the order is condoned.

The civil application is disposed accordingly. MISC. CIVIL APPLICATION STAMP NO.208 OF 2016 Heard Mrs. K.R. Deshpande, learned Assistant Government Pleader for the applicant-original respondent No.6.

The applicant is seeking review of the directions given in Clause (iv) of paragraph No.26 of the judgment on the ground that as per the policy of the State Government, the applicant-Joint Director of Higher

2 cao30.16 Education can take steps for absorbing surplus Lecturer/Teacher only if he had been working in a college receiving grants from the State exchequer. It is submitted that the college in which the non-applicant No.1-original petitioner was working, was not approved for the purposes of grants from the State exchequer and therefore, the Joint Director of Higher Education cannot take any step for absorbing him in any other college. Apart from the fact that this submission was not made at the time of hearing of the petition, in my view, the directions are to be maintained, in the peculiar facts of the case. Hence, I see no reason to entertain the review application. The application is dismissed. No costs. JUDGE pma