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Bombay High CourtWP/382/2017rule absolute

Vidarbha Shikshan Prasarak Mandal Malegaon, Thr. Secretary And Another v. Prashant Pundlikrao Ingole And Another

2022-06-21Hon'Ble Shri Justice Amit B. Borkar2 pages

wp382.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 382 OF 2017 1.Vidarbha Shikshan Prasarak Mandal Malegaon, Through its Secretary, R. No.F1018-Akola, R/o. C/o. Vidarbha Vidyalaya Pimpalgaon Tq. and Dist. Washim.

2.Vidarbha Vidyalaya Pimpalgaon, Through its Headmaster, At Pimpalgaon, Tq. and Dist. Washim.

... PETITIONERS ---VERSUS--- 1.Prashant Pundlikrao Ingole Age 37 years, Occ: Service, R/o IUDP Colony, 2nd Phase, Tq. and Dist.

Washim.

2.Education Officer (Sec.) Zilla Parishad, Washim, Tq. and Dist.

Washim ...RESPONDENTS ------------------------------------------------------------------------------------------- Shri P.S.Patil, Advocate for the petitioners. Shri R.M. Mardikar, Advocate for respondent no.1. Ms H.N. Jaipurakar, AGP for respondent no.2.

------------------------------------------------------------------------------------------- CORAM : AMIT BORKAR, J.

DATED : 21st JUNE, 2022.

ORAL J UDGMENT :

1. Rule. Rule is made returnable forthwith. Heard finally by consent of the parties.

2.

Both the learned Advocates appearing for the parties i.e. petitioner and respondent no.1 agreed that the impugned order

wp382.17.odt passed by the Presiding Officer, School Tribunal, Amravati can be set aside with a direction to decide the Appeal No.69 of 2014 afresh.

3.

Accordingly, by consent of parties the judgment and order dated 13.07.2016 passed by the Presiding Officer, School Tribunal, Amravati in Appeal No.69 of 2014 is quashed and set aside.

4.

The Presiding Officer, School Tribunal shall decide the Appeal No.69 of 2014 afresh without being influenced by the observations made in the impugned judgment.

5.

The parties shall appear before the Presiding Officer, School Tribunal, Amravati on 30.06.2022 at 11:00 a.m. 6.

Considering the fact that the appeal is of the year 2014, the Presiding Officer shall decide it as expeditiously as possible and shall endeavor to decide within six months from the date of appearance of the parities.

7.

Rule is made absolute in above terms. No costs. Pending civil application (s), if any, stand disposed of. JUDGE Wagh