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Bombay High CourtCAW/3502/2014dispossed offdismiss for default

Bhimrao S/O Waman Gawai And 12 Others v. State Of Maharashtra, Through Its Secretary, Education Department, Mumbai And 4 Others

2015-03-10Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.P. Bhangale2 pages

103caw3502.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application (C.A.W.) No. 3502 of 2014 in Writ Petition No.5143 of 2013 (D) (Bhimrao s/o. Waman Gawai and Ors. vs. State of Mah. 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.T.R.Kankale, A.G.P. for respondent nos. 1 to 3. CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ.

DATE : 10.3.2015.

Heard.

Prayer is to direct the respondents to absorb the applicants i.e. petitioner nos. 1 to 6 in any other School. Nobody appears for the applicants.

Mr.Anand Parchure, learned Counsel informs that he represented the petitioners in the petition which has been disposed of on 29.1.2014. According to him, in view of the directions therein, the Civil Application appears to have been filed for execution of the said order.

Mr.T.R.Kankale, learned A.G.P. submits that though the orders of absorption were issued, the applicants could not join. He states that the respondents have made best possible efforts for absorping the applicants. As there is already a direction, it is apparent that the applicants have to point out to this Court the vacancy against which they could have claimed absorption. If such vacancy is pointed out and this Court finds that the Court's

103caw3502.14 order has been violated, appropriate action can be taken against the concerned. We find that the Civil Application is misconceived. Hence, with liberty to the applicants to approach in appropriate jurisdiction in the proper proceedings, we dispose of the Civil Application. No costs. JUDGE JUDGE jaiswal