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Bombay High CourtWP/3149/2016disposed off

Shri Ankush Dada Barkade v. The State Of Maharashtra Through The Secretary, School Education Dept. And ORS.

2016-04-29Hon'Ble Shri Justice Ranjit More.,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

Sr.Nos.905 & 18 WP 3149.16 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3149 OF 2016 Shri Ankush Dada Barkade ..Petitioner

Versus

The State of Maharashtra through the Secretary, School Education Department, Mantralaya, Mumbai - 400 032 & ors. ..Respondents with WRIT PETITION NO. 2245 OF 2016 Shri Rajendra Ganpat Mali ..Petitioner

Versus

The State of Maharashtra through the Secretary, School Education Department, Mantralaya, Mumbai - 400 032 & ors. ..Respondents with WRIT PETITION NO.4433 OF 2016 Shri Sagar Vithoba Masal ..Petitioner

Versus

The State of Maharashtra through the Secretary, School Education Department, Mantralaya, Mumbai - 400 032 & ors. ..Respondents Mr. Narendra V. Bandiwadekar along with Mr. Sagar Mane and Mr. M. G. Bagkar, Advocate for the petitioner.

Mrs. M. P. Thakur, AGP for the State.

CORAM : SHANTANU KEMKAR & RANJIT MORE, J J.

DATE : 29th APRIL, 2016.

P. C. :

Parties through their counsel.

Shubhada S Kadam 1/2

Sr.Nos.905 & 18 WP 3149.16 2.

Rule. Rule made returnable forthwith. With consent of the parties, the matter is taken up for final hearing forthwith. 3.

Having heard learned counsel for the parties and having gone through the impugned order dated 22.1.2016 passed by the Education Officer, (Secondary) Zilla Parishad, Sangli, we find that the said authority has not applied its mind to the facts of case of each of the petitioner and has passed the impugned order mechanically. The order also appears to be non-speaking order.

4.

Having regard to the aforesaid, we are inclined to dispose of these petitions by setting aside the impugned order and by directing the said authority to pass reasoned order afresh after giving an opportunity of hearing to all the petitioners individually in each case. The authority is expected to deal with all the grounds as may be raised by the petitioners.

5.

The petitioners to appear before the said authority on 5.5.2016. After hearing the petitioner in every case, the authority is expected to pass speaking order within three months from the date of receipt of the copy of this order.

6.

Certified copy as per Rules.

[RANJIT MORE, J.] [SHANTANU KEMKAR, J.] Shubhada S Kadam 2/2