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Bombay High CourtWP/3618/2017dispossed offdismiss for default

Adarsha Vidya Mandir, Through Its Secretary, Shri Ashok Chhaganlal Kothari And Others v. The State Of Maharashtra, Thr. Its Secretary, School Education And Sprots Department, Mumbai And 3

2017-10-04Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Mrs. Justice Swapna Joshi2 pages

Order 0410wp3618.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 3618/2017.

Adrsha Vidya Mandir, Nagpur and others.

-VERSUSThe State of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATE : OCTOBER 04, 2017.

Heard Shri A.Z. Jibhkate, learned counsel for petitioners and Ms. A.R. Kulkarn, learned A.G.P. for respondents.

2.

Short grievance is, proposal for granting approval to appointment submitted by petitioners has been partly considered. Thus, Shikshan Sevaks then recruited have been approved, however, employment provided to non-teaching staff has not been looked into because of directions issued by the State Government on 15.12.2016.

3.

Learned counsel for petitioners submits that on 03.07.2017, State Government has issued another communication and removed that bar. He is producing before this Court communication dated

Order 0410wp3618.17 19.07.2017, sent by the Director of Education to all Education Officers pointing this lifting. According to him, in view of this later decision, the case of nonteaching employees for approval can now be looked into.

4.

Learned A.G.P. submits that she is not aware of any such communication dated 19.07.2017 or any change in policy by the State Government. 5.

At the cost and risk of petitioners, we take letter dated 19.07.2017 written by the Director of Education to all Education Officer on record and mark it as "Exh.X" for identification. Without observing anything on its correctness or otherwise, we direct respondent no.4 to verify said letter/change in policy, and if there is any such change in policy, take suitable decision on the proposal already submitted by petitioners within a period of two months.

6.

With these directions and keeping all defences available to respondents in the matter open, we dispose of the present Petition. No costs. JUDGE JUDGE Rgd.