Momin Taqdees Mohd. Shahid And ANR v. The State Of Maharashtra Thr The Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTIION NIKITA KAILAS DARADE NIKITA KAILAS DARADE Date: 2025.04.19 15:37:38 +0530 WRIT PETITION NO.6055 OF 2024 Momin Taqdees Mohd. Shahid and Anr. .....Petitioners Vs.

The State of Maharashtra and Ors. ....Respondents Mr. Narendra Bandiwadekar Senior Advocate a/w Mr. Vinayak Kumbhar a/w Mr. Rajendra Khaire a/w Aniket Phapale i/b Ms. Ashwini N. Bandiwadekar for the Petitioner.

Mr. A. K. Naik, AGP for the State/Respondent No. 1 to 3. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 15th APRIL, 2025 P.C. :- 1.

This is yet one more case wherein the Education Officer has pointed out deficiencies in the proposal and without granting an opportunity to cure the deficiencies, has rejected the proposal. The Impugned order is dated 18th September, 2023 passed by Smt. Lalita Dahitule, Education Officer, Zilla Parishad Thane. 2.

In view of the above, this petition is partly allowed. The Nikita

43-wp-6055-2024.odt Impugned order is set aside.

3.

The objections/deficiencies set out in the Impugned order shall be treated as a notice to the Petitioner No.2 Management. Let the deficiencies be cured and the revised proposal be tendered within 30 from today.

4.

Since objections have already been raised, Respondent No.3 shall proceed on the revised proposal without raising further objections and by following the due procedure laid down in law, pass a reasoned order within 30 days thereafter. If the proposal is rejected, the aggrieved party would be at liberty to avail of a remedy as is permissible in law. If the proposal is favourably considered, further steps as expected in law shall be initiated. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Nikita