Ku. Sunita Kashinath Itankar And Others v. The State Of Maha. Thr. Secretary, School Education Department, Mumbai And Others

9.WP4339.17.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.4339/2017 Ku.Sunita Kashinath Itankar and others.

Vs.

The State of Maharashtra through its Secretary, School Education Department, Mantralaya, Mumbai and ors.

------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------------------------------ Mrs.S.P.Giratkar, Advocate for petitioners.

Ms N.P .Mehta, Assistant Government Pleader for respondent no.1. Shri Mohan Sudame, Advocate for respondent nos.2 & 3. CORAM :- A.S.CHANDURKAR AND PUSHPA V. GANEDIWALA, JJ.

DATED :- FEBRUARY 01, 2022.

The petitioners have raised a challenge to the seniority list that has been prepared by the Education Officer (Primary), Zilla Parishad, Chandrapur for the year 2016-17. According to the petitioners this seniority list has been prepared in violation of Government Resolutions dated 13.10.2016 and 24.01.2017. The petitioners on 09.06.2017 have made a representation to the Education Officer (Primary), Zilla Parishad, Chandrapur and have sought their proper placement in the seniority list. After hearing the learned counsel for the parties, it is seen that the representation dated 09.06.2017 has not yet been decided by the Education Officer (Primary), Zilla Parishad, Chandrapur.

Considering the nature of relief sought in the writ petition, the interests of justice would be met by directing the Education Officer (Primary), Zilla Parishad, Chandrapur to consider and decide the representation dated 09.06.2017. The petitioners are at liberty to place before the said Authority additional documents in support of their grievance. The Education Officer (Primary), Zilla Parishad, Chandrapur shall grant an opportunity of hearing to the petitioners and if any modification in the seniority list is proposed by him, adequate notice to the parties who are likely to be affected shall be given.

9.WP4339.17.odt 2 Keeping the points raised in the writ petition open, the Education Officer (Primary), Zilla Parishad, Chandrapur is directed to decide the representation dated 09.06.2017 within a period of six weeks from today. The writ petition is disposed of in aforesaid terms. No costs. (PUSHPA V. GANEDIWALA J.) (A.S.CHANDURKAR, J.) Andurkar..

ANDURKAR Personal Assistant 02.02.2022 12:41