Shahbabu Education Society, Through Its Secretary, Mr. Syed Ishaque Syed Nabi And Others v. State Of Maha. Thr. Chief Secretary Of Dept. Of School Education, Mumbai And Others

2023:BHC-NAG:13845-DB 39-WP-2485-2021.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.2485 of 2021 Shahbabu Education Society, Patur and others. vs.

State of Maharashtra, through the Chief Secretary of Department of School Education, Mantralaya, Mumbai and others.

--------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri A.A.Naik, Advocate for petitioners.

Ms S.S.Jachak, Assistant Government Pleader for respondent nos. 1 & 2. Shri Sagar Katkar, Advocate for respondent no.3. CORAM :- A.S.CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 15th SEPTEMBER 2023 The learned Assistant Government Pleader on instructions submits that pursuant to the order dated 03.07.2023, the Director of Education (Primary)-respondent no.2 has issued a revised order on 28.07.2023 wherein it has been stated that the order impugned in this writ petition dated 24.09.2020 was being cancelled and the permission was being granted to fill in one post of Under Graduate Teacher(UGT). The communication dated 28.07.2023 issued by the respondent no.2 to the respondent no.3 is taken on record and marked 'A' for identification.

2.

In view of this order, it would now be necessary for the Education Officer (Primary) to grant approval to the appointment of the petitioner no.3 on the post of 'Assistant Teacher'(UGT). The needful be done within a period of four weeks from today. 3.

The learned counsel for the petitioners seeks leave to raise independent challenge to the communication dated 27.09.2022 that has been issued by the respondent no.1. The petitioners are at liberty to challenge the said communication independently. The grounds

39-WP-2485-2021.odt 2 raised in the writ petition to that extent are kept open. 4.

The writ petition is disposed of in aforesaid terms with no order as to costs.

(MRS. VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.) Andurkar.