Adarsh Shikshan Sanstha, Sawari (Jawahar Nagar), Bhandara, Thr. Secretary And Others v. State Of Maharashtra, Thr. Secretary, Ministry Of Education And Sports Dept., Mumbai And ANR

915-WP-5475-23.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

OF 20 Adarsh Shikshan Sanstha, Sawari (Jawahar Nagar), Tah. & Dist. Bhandara, Thr. Secretary and ors.

-vsState of Maharashtra, Thr. Secretary, Ministry of Education and Sports Dept. Mantralaya, Mumbai and anr.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri Ram Karode, Advocate for petitioners.

Shri A. M. Deshpande, In-charge Government Pleader for respondents. CORAM : A. S. CHANDURKAR AND MRS VRUSHALI V. JOSHI, JJ. DATE : August 25, 2023 P. C.

1.

Rule.

2.

Shri A. M. Deshpande, learned In-charge Government Pleader waives service of notice for the respondents. 3.

Challenge raised by the petitioners is to the communication dated 02/05/2023 issued by the Education Officer (Secondary), Zilla Parishad, Bhandara rejecting the proposal for grant of approval to the appointment of petitioner No.3 on the post of Shikshan Sevak. 4.

Having perused the impugned communication, it is seen that various deficiencies have been pointed out in the proposal. The Education Officer (Secondary) has found that approval therefore cannot be granted on that count.

5.

The learned counsel for the petitioners submits that if an opportunity is given, the petitioners would again approach the Education Officer (Secondary) and indicate compliance of all deficiencies.

6.

In view of aforesaid, the following order would serve the interests of justice:

915-WP-5475-23.odt 2/2 (i) The order dated 02/05/2023 is set aside with a view to grant an opportunity to the petitioners to remove the deficiencies in the proposal.

(ii) The petitioners shall approach the Education Officer (Secondary), Zilla Parishad, Bhandara and submit all documents within a period of two weeks. Subject to the petitioners removing such deficiencies, the Education Officer (Secondary), Zilla Parishad, Bhandara shall thereafter consider the said proposal in accordance with law and communicate its decision to the petitioners. The decision on the proposal be taken within a period of four weeks from that date.

7.

With these directions, the writ petition is disposed of. No costs. (Mrs Vrushali V. Joshi, J.) (A. S. Chandurkar, J.) Asmita