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Bombay High CourtWP/2226/2022allowed

Amol S/O. Janrao Khadse v. State Of Maha., Thr. Secretary, Industrial Development Department, Mumbi And Others

2024-04-08Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Abhay J. Mantri1 pages

2024:BHC-NAG:4097-DB 42-WP-2226-22.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

OF 20 Amol s/o Janrao Khadse, Kathora Naka, Amravati -vsState of Maharashtra, Thr. Secretary, Industrial Development Dept. Mantralaya, Mumbai and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and the Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri Mangesh V. Bute, Advocate for petitioner. Shri S. M. Ukey, Additional Government Pleader for respondent Nos.1 to 3. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE : April 08, 2024 P. C.

1.

Heard.

2.

The fact remains that the petitioner has been denying compassionate appointment on the ground that he is not holding the requisite qualification. The qualification of the petitioner that of B.E. in Electronics and Power is not in dispute. While clearing all the subjects for Degree, the petitioner has already cleared Mathematics-III paper and as such cannot be said to be not qualified in Mathematics. 3.

That being so, we deem it appropriate to quash and set aside the impugned order dated 10/03/2023 with directions to the concerned respondent to consider the petitioner's case afresh having regard to his qualification as that of B.E. with Mathematics subject and pass fresh orders within a period of two weeks from today. 4.

Order accordingly. The writ petition is allowed in aforesaid terms with no order as to costs.

(Abhay J. Mantri, J.) (Nitin W. Sambre, J.) Asmita