Nilesh Sahebrao Gawande v. The State Of Maha. Thr. Principal Secy., School Education And Sports Depat., Mumbai And ORS.

2025:BHC-NAG:8138-DB 1 949.wp.4516.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4516/2025 Shri Nilesh Sahebrao Gawande Vs.

The State of Maharashtra and Ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Mayur Bahegavankar, Advocate for Petitioner. Mr. H. D. Marathe, A.G.P. for Respondent No.1/State. CORAM : ANIL S. KILOR AND MRS. VRUSHALI V. JOSHI,JJ.

DATED : 14/08/2025.

1.

Heard.

2.

The learned Counsel for the petitioner submits that the petitioner was working on the post of Part Time Instructor for few years and thereafter, he was discontinued. It is argued that in a Writ Petition No.6553/2022 pending before the Principal Seat of this Court, the petitioner moved an application for intervention, which is pending.

3.

It is argued that, in the meantime, the order of appointment of the respondent No.7 came to be issued. Thus, the grievance of the petitioner is that during the pendency of his claim for regularization, the respondent No.7 cannot be appointed in his place.

4.

This argument is misconceived for the reason that the petitioner is not in service since long and till date there is no order of regularization in favour of the petitioner.

5.

In the circumstances, on vacant post the appointment can be made as has been made by the respondent - Block Education Officer, Panchayat Samiti, Arni.

2 949.wp.4516.25 6.

In that view of the matter, since the petition is devoid of any merit, we dismiss the same with liberty to the petitioner to approach the Principal Seat where his application for intervention is pending and seek appropriate order or direction as permissible in law. (MRS.VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.) RGurnule.