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Bombay High CourtWP/7444/2024disposed off

Vaishali Madhukar Gulhane And Another v. State Of Maharashtra, Thr. Secretary, School Education And Sports Dept., Mumbai And ANR.

2025-01-15Hon'Ble Shri Justice Avinash G. Gharote,Hon'Ble Shri Justice Abhay J. Mantri2 pages

2025:BHC-NAG:399-DB 1 36wp7444.2024..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 7444 2024 (Vaishali Madhukar Gulhane and another Vs. State of Maharahstra and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.S. Patil, Advocate for petitioners.

Ms. T.H. Khan, AGP for respondent Nos. 1 and 2/State. CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATED : 15-01-2025 Mr P.S. Patil, the learned Counsel for the petitioners seek leave to add management as petitioner No. 3. leave is granted. Amendment be carried out forthwith.

2.

Heard. Rule. Rule is made returnable forthwith. 3.

Ms. Khan, the learned AGP waives notice for both the respondents.

4.

The only grievance raised is, that while considering the proposal for approval sent to the respondent No. 2 in respect of the petitioner No. 1 though the respondent No. 2, noticed certain discrepancies, no opportunity to cure them has been granted. Learned AGP does not dispute that an opportunity needs to be granted to management to cure the discrepancies in the proposal, in case, they are so found. In that view of the matter, impugned communication dated 30.1.2024 is quashed and set aside and the matter remitted to respondent No. 2 to decide the same after affording the management/petitioner No. 3 an opportunity to explain and cure the discrepancies, in case, it has not been already done.

2 36wp7444.2024..odt The petitioners shall appear before respondent No. 2 on 27.1.2025, who shall decide the same within four weeks, thereafter. The petition stands disposed of. (ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) Belkhede