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Bombay High CourtWP/4262/2023disposed off

Sindhi Welfare Association Through President, Rampuri, Amravati And Others v. Education Officer (Secondary), Zilla Parishad, Amravati And Another

2024-10-03Hon'Ble Shri Justice Avinash G. Gharote,Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 49 wp 4262-2023 corrected

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4262/2023 Sindhi Welfare Association through President, Amravati and others Vs. Education Officer (Secondary), Zilla Parishad, Amravati and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Ujjwala A. Patil, Advocate for petitioners Shri B.M. Lonare, AGP for respondent Nos.1 and 2 CORAM : AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ..

DATED : 03/10/2024 It is not in dispute that the appointments of the petitioner Nos.3 to 5 with the respondent No.2- Institution is earlier in point of time to the Government Resolution dated 28.08.2023 (page 66), which is indicated from the communication dated 13.12.2023 (page 63), which declines to grant approval and indicates that the petitioner Nos. 3 to 5 have been appointed on 11.01.2022 (page 63 and 64). That being the position since it not being disputed that the posts were sanctioned, the impugned communications dated 14.12.2023, 26.04.2023 and 13.12.2023 are hereby quashed and set aside and the matter is remitted back to respondent No.1 to pass a fresh order having regard to the position as indicated above. 2.

The petitioner Nos.3 to 5 shall appear before the respondent No.1 on 14.10.2024.

3.

The respondent No.1 shall decide the issue afresh, within a period of 4 weeks.

(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)

2 49 wp 4262-2023 corrected Note: Correction as per order dated 09.10.2024 in Civil Application No.2693/2024 and corrected order be uploaded.

R.S. Sahare