Shalaka Mohan Bhatkar v. The State Of Maharashtra Thr. Secretary Education Dept. And ORS

Digitally signed by MEERA MAHESH JADHAV Date:

2024.12.19 16:21:50 +0530 MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1341 OF 2023 Shalaka Mohan Bhatkar

...Petitioner

Versus

The State Of Maharashtra Thr. Secretary Education Dept. And Ors

...Respondents

---- Mr. Mohan N. Devkule h/f Mr. Rakesh Bhatkar for Petitioner. Mr. A. R. Deolekar, AGP for Respondent Nos.1 & 3. ---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 16th DECEMBER, 2024 P.C. :- 1.

The Learned Advocate for the Petitioner had cited an order dated 3rd April, 2024 passed by this Court in Writ Petition No.1800 of 2022 and group of matters (Ganesh Kashinash Salunkhe Vs. The State of Maharashtra & Ors.). The Learned AGP submits that the directions issued in paragraph 5 of the said order can be made applicable to the case of the Petitioner and the impugned order can be treated as a notice.

2.

In view of the above, this Writ Petition is disposed off with the following directions :

A) The impugned order will be treated as a notice to the

Respondent Management, of the proposed ground/s for rejection of Petitioner's proposal, which stands restored. B) If there are any other grounds on which the Respondent Education Officer intends to return or reject the proposal, they are directed to communicate the same to the Respondents Management within a period of 3 weeks from today.

C) The Respondent Management shall thereafter submit its explanation to the proposed grounds, along with supporting material including government resolutions, case law / orders of this Court etc. if relied upon.

D) The Respondents Education Officer is directed to decide the Petitioner's proposal thereafter within a period of 8 weeks, by dealing with the explanation given by the Management as also dealing with case law/orders of this Court, by passing a reasoned order.

E) We have not expressed any opinion on the Petitioner's proposal and the same shall be decided on its own merits in

accordance with law. Needless to mention that if the respective Respondents Education Officer proceeds to grant proposal as prayed, consequent benefits and orders will follow. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)