Shri Gaurishankar Tejram Chute v. The State Of Maha., Department Of Sports And School Education, Mumbai Thr. Principal Sec. And Other

1102wp1398.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.1398 of 2017 Shri Gaurishankar Tejram Chute

Versus

The State of Maharashtra, Department of Sports & School Education, Mantralaya, Mumbai 400 032, through Principal Secretary, and others. Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Smt. R.D. Raskar, Advocate for Petitioner.

Shri A.M. Deshpande, Additional Government Pleader for Respondent Nos.1 and 2.

Shri S.R. Charpe, Advocate for Respondent No.3. Shri N.D. Thombre, Advocate for Respondent No.4. Coram : R.K. Deshpande & Vinay Joshi, JJ.

Dated : 11th February, 2019 In response to the order dated 22-6-2018 passed by this Court, an affidavit has been filed by the respondent No.2Education Officer (Secondary), Zilla Parishad, Bhandara, on 3-2-2018, stating in Paragraph 8 that there is no fresh advertisement for recruitment of the petitioner from 26-6-2014 and that the old advertisement dated 18-10-2011 was used while appointing the petitioner. In Paragraph 7, it is stated that there is no prior permission taken from the Education Officer, as was required by the Government Resolution dated 20-6-2014. In short, the stand is that the appointment of the petitioner is not in accordance with law. The respondent No.2 has not communicated the order to the petitioner.

1102wp1398.17.odt We direct the respondent No.2 to communicate the order containing the reasons for rejection of approval within a period of one week from today. Upon getting such order, the petitioner shall be at liberty to challenge the same in accordance with law, including all the grounds raised in this petition. The petition stands disposed of.

(Vinay Joshi, J.) (R.K. Deshpande, J.) Lanjewar