Laxman Gavadu Patil v. State Of Maharashtra Thr Principal Secretary And ORS

Husen 1 17 WP-3142-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3142 OF 2024 Laxman Gavadu Patil

...Petitioner

Versus

State Of Maharashtra and Ors.

...Respondents

**** Mr. Chetan Patil i/b. Mr. Mandar Bagkar, for Petitioner. Mr. S.B. Kalel, AGP, for Respondent/State.

**** CORAM : NITIN JAMDAR & by HUSENBASHA RAHAMAN NADAF Date: 2024.03.06 18:25:40 +0530 HUSENBASHA RAHAMAN NADAF M.M. SATHAYE, JJ.

DATE : 4 MARCH 2024 P.C.:

.

Heard learned counsel for the parties.

2.

The Petitioner - teaching staff working with Respondent Nos. 4 & 5 has challenged the communication dated 16 November 2022 issued by the office of the Deputy Director of Education, Kolhapur through Respondent No. 5.

3.

We have perused the said communication. It is not a rejection of the proposal for approval submitted on 15 September 2022 but a checklist of the documents or short falls which the Management has to correct/ comply and resubmit the proposal. Respondent - Management is not before us contending that these short falls cannot be fulfilled and that they are not needed in law. Therefore, we cannot

Husen 2 17 WP-3142-2024.doc presume that the Respondent - Management is objecting to the same. In case, if the Respondent - Management complies with the checklist, the Deputy Director can proceed to pass the order and therefore, we find petition to be premature.

4.

We leave it open to the Respondent-Management, in case, Respondent-Management is of the view that the documents called for are not necessary/ already supplied/ cannot be supplied, to take such legal action as is permissible in law.

5.

Writ petition is accordingly disposed of.

( M.M. SATHAYE, J.) ( NITIN JAMDAR, J.)