Ku. Preeti Jaywant Dhait v. Deputy Director Of Education, Nagpur Division, Nagpur And Others

932wp 6556.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 6556/2019 Ku. Preeti Jaywant Dhait

...Petitioner

Versus

Deputy Director of Education and ors.

...Respondents

Shri P.N. Shende, Advocate for the Petitioner Shri Amit Madiwale, AGP for the Respondent Nos. 1 and 2 - State Shri R.M. Vaidya h/f. Shri Anand Parchure, Advocates for the Respondent No. 3 CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ.

DATED : 03 MARCH 2021 P.C.:

The Petitioner has challenged the Order of Absorption dated 01 December 2018. One of the main contentions raised by the Petitioner is that the Order of Absorption refers to the Petitioner as teaching in 6th to 8th Standards and, therefore, when the Petitioner was teaching in 5th Standard and, therefore, the order rendering the Petitioner surplus is bad in law.

2.

Reply affidavit is filed, wherein the Respondent - Management has placed on record the Order dated 28 July 2016 declaring the Petitioner as surplus. In this order, there is a clear reference that the Petitioner was teaching in 5th Standard and why absorption in 6th to 8th SMGate

932wp 6556.2019.odt Standards is necessary. This communication is addressed to the Petitioner yet not annexed to the Petition. When it was expressed that not annexing such an important document would amount to suppression, the learned Counsel for the Petitioner seeks leave to withdraw the Petition and states that the Order dated 28 July 2016 will be challenged by way of separate Petition.

3.

Though, we grant liberty, we make it clear that if such a challenge is raised, this liberty is not to be construed as commenting on the aspect of delay that would arise.

4.

The Writ Petition is accordingly disposed of as withdrawn, with liberty as above.

[ANIL S. KILOR, J.] [NITIN JAMDAR, J.] SMGate