Bombay High CourtWP/4126/2015dispossed offdismiss for default

Naresh Shalikram Kamble And Another v. State Of Maharashtra, Through Its Secretary, Dept. Of Secondary And Higher Sec. Edu. And Another

2015-09-10Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

1009wp4126.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4126/2015 Naresh Shalikram Kamble and another ...Versus...

State of Maharashtra Through its Secretary, Department of Secondary & Higher Secondary Education, Mantralaya, Mumbai - 32 and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.B. Dharmadhikari, Advocate for petitioners Ms N.P. Mehta, AGP for respondent nos.1 and 2 CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : 10.09.2015 By this petition, the petitioners seek a direction to the respondent no.2 to decide the proposal of the petitioner no.1 and grant approval to the appointment of the petitioner no.1. It is stated on behalf of the petitioners that though the proposal for grant of approval to the appointment of the petitioner on the post of Assistant Teacher has been sent to the Education Officer in the year 2013, the same is not decided till date.

Ms Mehta, the learned Assistant Government Pleader appearing on behalf of the Education Officer states that the proposal has not been decided till date as it is found that the Management has appointed the petitioner no.1 without following the due procedure of selection and without securing the permission of the Education Officer to fill the vacant post. It is, however, admitted that the proposal has not been decided till date.

1009wp4126.15.odt Since the proposal of the petitioner no.1 is not yet decided, we direct the respondent - Education Officer to decide the proposal of the petitioner no.1 as early as possible and positively within a period of eight weeks.

Order accordingly. No costs.

JUDGE JUDGE Wadkar