Sureshsingh S/O Pratapsingh Thakur v. State Of Maharashtra, Through Its Secretary, Department Of Social Welfare, Mumbai And 5 Others

1707wp265.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 265 OF 2018 (Sureshsingh s/o Pratapsingh Thakur vs. The State of Maharashtra thr. Secretary, Department of Social Welfare & Ors.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & Z.A. HAQ, JJ.

JULY 17, 2018.

Heard Shri A.S. Dhore, learned counsel for the petitioner, Ms. N.P. Mehta, learned AGP for respondent Nos. 1 to 3 & 6 and Mrs. Kirti Satpute, learned counsel for respondent Nos. 4 & 5.

2.

The submission of the petitioner is, respondent Nos. 4 & 5 - management has only two Schools and, therefore, post of Head Master cannot be reserved. The promotion of the petitioner as Head Master is rejected by the impugned order dated 04/11.08.2017.

3.

Respondent Nos. 4 & 5 have filed reply and they support the contention of the petitioner.

4.

The other respondents have still not filed reply. The learned AGP is seeking time. This Court has already granted last chance on 19.06.2018.

5.

As there are only two Schools, which is apparent

1707wp265.18 from the record, the impugned order dated 04/11.08.2017 is unsustainable. It is hereby quashed and set aside. Writ Petition is disposed of. Rule accordingly. No order as to costs.

6.

Fresh decision on proposal for approval shall be taken by respondent No. 2 within two months from the date of communication of this order to him.

JUDGE JUDGE *GS.