Rashtra Vikas Shikshan Sanstha, Khapa, Thr. President Damodhar Bulkaji Parate v. State Of Maharashtra, Thr. Secretary To Ministry Of School Education And Sports, Mumbai And Others

2023:BHC-NAG:12546-DB

(1) 911.wp.173.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.173 OF 2020 Rashtra Vikas Shikshan Sanstha, Khapa, through its President Damodhar Bulkaji Parate Vs.

State of Maharashtra, through Secretary to Ministry of School Education and Sports, Mantralaya Mumbai 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. Sagar Tembhekar, Advocate h/f Mr. S. S. Deshpande, Advocate for petitioner. Mr. M. K. Pathan, AGP for respondent Nos.1 to 4/State. CORAM :

AVINASH G. GHAROTE, AND URMILA JOSHI-PHALKE, JJ.

DATED : 22/08/2023 1.

The learned Counsel for the petitioner makes a statement that petitioner is aggrieved by the action of the respondent Nos.3 and 4 is not granting approval to the teachers appointed by the petitioners on the ground that they were not reported through the Pavitra Portal. The issue in that regard no longer res integra inasmuch as in Writ Petition No.5245/2018 Shikshan Prasarak Mandal and others Vs. Deputy Director of Education and another along with connected matters decided on 13/03/2023, it has been held that during the period the Pavitra Portal was not functioning, no fault can be found with appointments made dehors the Pavitra Portal and approvals to appointments made shall not be rejected on the ground that the appointments

(2) 911.wp.173.2020 are not made through the Pavitra Portal. As this is the only grievance raised in the present petition. 2.

According to the learned Counsel for the petitioner what has been said in Shikshan Prasarak Mandal (supra) would equally apply to the present petition, in view of which, the present petition is disposed of in terms of directions as contained in para 33 of Shikshan Prasarak Mandal (supra).

(URMILA JOSHI-PHALKE, J.) (AVINASH G. GHAROTE, J.) Sarkate