Bhupendra S/O Komal Bawankar v. State Of Maha., Thr. Its Secretary, Ministry Of Education And Sports Dept., Mumbai And Others

7-WP-2152-2024.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (W) NO. 1277 OF 2024 and CIVIL APPLICATION (W) NO. 1308 OF 2024 IN WRIT PETITION NO. 2152 OF 2024 Bhupendra s/o Komal Bawankar vs.

The State of Maharashtra 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 R.D.Karode, Advocate for applicant/petitioner. Shri S. M. Ghodeswar, Assistant Government Pleader for respondent nos. 1 & 2. Shri Akshay Sudame, Advocate for respondent nos. 3 and 4. CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE :- 29th APRIL, 2024.

For the reasons disclosed in the applications, the amendments stand allowed. The same be carried out within a period of one week from today. The amended copies of the petition be served on the counsel for the respondents.

2.

The civil applications are disposed of.

Writ Petition No. 2152 of 2024 Shri S.M.Ghodeswar, learned Assistant Government Pleader appearing for the respondent nos. 1 and 2 and Shri Akshay Sudame, learned counsel appearing for the respondent nos. 3 and 4 are seeking time to file reply.

2.

Shri R.D.Karode, learned counsel for the petitioner has brought to our notice that the rejection of approval is based on such technical issues which could have been redressed by the Management i.e. respondent nos. 3 and 4. He has also invited our attention to the order passed in Writ Petition No.6862 of 2023 (Priyanka Pravin Mutkure vs. State of Maharashtra and others) decided on 05.03.2024 wherein this Court held that the condition of securing 50% of marks for qualifying for the appointment on the post of 'Assistant Teacher' is already set aside.

7-WP-2152-2024.odt 2 3.

Though the prayer for adjournment is made, the aforesaid factual matrix which are submitted by Shri R.D.Karode are borne out of the record.

4.

That being so, we grant time of eight weeks to the respondents to file their reply as prayed.

5.

In the meantime, for aforesaid reasons, we stay effect and operation of the order of termination dated 23.03.2024 and also to the consequential steps taken pursuant to the said order by the respondents.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Andurkar.