Bombay High CourtWP/5129/2017disposedoff

Roshan Kumar Nandkishore Jain v. Education Officer (Primary) Zilla Parishad, Gondia And Other

2020-02-04Hon'Ble Shri Justice R.V. Ghuge,Hon'Ble Shri Justice S.M. Modak2 pages

wp5129.17.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.5129 OF 2017 (Roshan Kumar Nandkishore Jain Vs. Education Officer (Pri.), Zilla Parishad, Gondia and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Shri Shashikant Borkar, Advocate for Petitioner. Shri A.Y. Kapgate, Advocate for Respondent No.1. CORAM: RAVINDRA V. GHUGE AND S.M. MODAK , JJ.

DATE: 4 th FEBRUARY, 2020.

1] The learned Advocate for the petitioner submits that he was aggrieved by the cancellation of his approval vide the impugned order dated 13.06.2017. The said order was subsequently recalled by the Education Officer (Pri.), Zilla Parishad, Gondia, respondent no.1 herein, by communication dated 09.10.2017. This petition therefore, is worked out. However, subsequently, by order dated 22.05.2018 passed by the Deputy Director of Education, the order dated 09.10.2017 was recalled. The petitioner has therefore, preferred Writ Petition No.5424/2018 for challenging the legality of the order dated 22.05.2018. 2] The learned Advocate for the Zilla Parishad places before us a purshis along with the copy of the order dated 09.10.2017. The same is taken on record and marked as "X" collectively, for identification.

wp5129.17.O.odt 3] In view of the above, this petition is rendered infructuous and the same is disposed off. We, however, make it clear that since the petitioner is aggrieved by the order of the Deputy Director dated 02.05.2018, all contentions of the litigating parties shall be kept open in Writ Petition No.5424/2018.

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