The Public Education Society, Murtizapur, Akola Thr. President Sk. Nasir Sk. Nazir v. State Of Maha., Thr. Secretary For School, Sports And Youth Welfare Dept., Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.

2073/2022 The Public Education Society, through its President Sk. Nasir Sk.

Nazir, age @ 61 Yrs., R/o Murtizapur, Tq. Murtizapur, Dist. Akola.

...

Petitioner - Versus - 1.

The State of Maharashtra, through its Secretary for School, Sports and Youth Welfare Department, Mantralaya, Mumbai.

2.

The Director of Education, Pune.

3.

The Deputy Director of Education, Amravati Division, Amravati.

4.

The Education Officer (Secondary), Zilla Parishad Akola, Dist. Akola.

... Respondent s ----------------- Mr. S.M. Vaishnav, counsel for the Petitioner. Ms. K.S. Joshi, Additional Government Pleader for Respondents 1 to 4.

---------------- CORAM: ROHIT B. DEO & MRS. VRUSHALI V. JOSHI, JJ. DATE : 17.4.2023 ORAL JUDGMENT (Per Rohit B. Deo, J.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties.

2.

The prayer clauses in the petition read thus:- "i) Direct the respondents to take decision on the representation made by the petitioner society on 18-12-2020, 20-1-2021 and 16-3-2021 Annexure-L thereby incorporating the necessary number of sanctioned non-teaching posts in the staff justification from 2014 till today, with kind consideration and in the interest of justice and fair play.

ii) Direct the respondents to pass necessary orders as per the directions issued by this Hon'ble Court in W.P. No.2053/2019 dtd.21-1-2020 Annexure-H in a time bound manner, with kind consideration and in the interest of justice and fair play.

iii) Any other relief which this Hon'ble Court deems fit and proper be granted in favour of this petitioner, with kind consideration and in the interest of justice and fair play."

3.

During the pendency of the petition, vide decision dated 14.6.2022 the representation and/or proposal of the petitioner society is rejected.

4.

In view of the development during the pendency of the petition, the petition is rendered infructuous and is disposed of accordingly.

5.

Needless to observe, the petitioner shall be at liberty to institute appropriate proceedings challenging the decision/s of the respondents before the appropriate forum. (MRS. VRUSHALI V. JOSHI, J.) (ROHIT B. DEO, J.) Tambaskar.

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Date:20.04.2023 11:47