Bombay High CourtWP/5288/2015withdrawn

Bheshraj S/O Gajanan Agade v. State Of Maharashtra Through Its Secretary, Education Deptt. Mumbai And 3 Others

2016-08-31Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Kum. Justice Indira Jain2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION No.5288 of 2015 Bheshraj Gajanan Agade versus.

State of Mah. Through its Secretary, Education Department, Mumbai & 3 others. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anand Parchure, advocate for petitioner. Shri K.L. Dharmadhikari, AGP for respondent nos.1 to 3. Shri I.C. Meshram, Advocate for respondent no. 4. CORAM : SMT. VASANTI A NAIK AND KUM.

INDIRA JAIN, JJ DATED : 31 st August, 2016 Shri Parchure, the learned counsel for the petitioner, states that after the school in which the petitioner was working was de-recognized in the year 2013, the petitioner was asked by the Education Officer to join the duties in the respondent no. 4 school. The respondent no. 4 school did not permit the petitioner to join the duties. It is stated that in the said background this writ petition was filed. It is stated that subsequently an order of de-recognition of the school in which the petitioner was working was set aside by the order dated 18.11.2015 and the erstwhile management permitted the petitioner to join the duties in the school.

It is stated that though the petitioner has joined the duties in the school which has regained recognition, in the absence of students, the petitioner is not able to conduct the classes. It is stated that the petitioner is not getting any salary. In the aforesaid set of facts, the learned counsel for the petitioner seeks leave to withdraw the writ petition with liberty to file fresh petition in view of the fresh cause of action.

2 wp5288-15 Permission and liberty, both are granted as prayed for.

The writ petition stands disposed of as withdrawn.

JUDGE JUDGE Hirekhan CERTIFICATE copy of original signed Order.

Uploaded by : R.B. Hirekhan.

Uploaded on:02-09-2016.

P.A.