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Bombay High CourtWP/4036/2017disposedoff

Aakash Shikshan Sanstha, Thr. President Rajesh Hiralal Bharti And Another v. State Of Maharashtra, Thr. Secretary, Department Of Education, Mantralaya, Mumbai And Another

2020-02-11Hon'Ble Shri Justice R.V. Ghuge,Hon'Ble Shri Justice S.M. Modak2 pages

wp4036.17.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.4036 OF 2017 (Aakash Shikshan Sanstha, thr. its President, Akola and another Vs. State of Maharashtra thr. its Secretary, Department of Education, Mumbai and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Ms. Deepali Sapkal, Advocate for Petitioners. Shri B.M. Lonare, AGP for Respondent Nos.1 & 2. CORAM: RAVINDRA V. GHUGE AND S.M. MODAK , JJ.

DATE: 11 th FEBRUARY, 2020.

1] We have heard the learned counsel for the petitioners and the learned AGP on behalf of the respondents. We have perused the impugned order (undated) at page 17. We find that the Education Officer has found certain discrepancies in the proposal for granting approval to the appointment of Shri Shubham Manohar Mohod.

2] The learned Advocate for the petitioner Education Society submits that a fresh proposal by curing all defects would be once again submitted with all necessary documents, to respondent No.2 on or before 29.02.2020. 3] In view of the above, this petition is disposed off. The proposal that would be tendered by the petitioner to respondent No.2, shall be considered on its own merits and since the petitioner is 100% grant-in-aid institution, any

wp4036.17.O.odt Government Resolution applicable to institutions having less than 100% grant-in-aid, would not be considered while deciding the proposal for approving the appointment of Shri Shubham Manohar Mohod. The Education Officer shall pass a reasoned order after considering the entire records, on or before 15.04.2020 and the copy of the said order shall be forthwith served upon the petitioner.

(S.M. Modak, J.) (Ravindra V. Ghuge, J.) Nikhare