Abhijit Bhagwan Sardeshmukh v. The State Of Maharashtra Thr The Secretary And ORS

Digitally signed by GAURI AMIT GAEKWAD Date:

2024.12.11 16:40:09 +0530 GAURI AMIT GAEKWAD 54.WP-7015-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7015 OF 2024 Abhijit Bhagwan Sardeshmukh ....Petitioner

Versus

The State of Maharashtra and Ors.

....Respondents ---- Mr. Prashant Bhavake for the Petitioner.

Mr. A.R. Deolekar, AGP for Respondent Nos.1 to 5. ---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 9th DECEMBER, 2024 P.C. :- 1.

By the communication dated 9th May, 2023, Respondent No.5 has informed Respondent No.6 Management that there are certain deficiencies in the proposal dated 28th April, 2023 filed by the Institution, seeking approval to the appointment of the Petitioner.

2.

The last sentence in the impugned order has a semblance of rejection of the proposal. However, it also means that because there are deficiencies, Respondent No.5 is not granting the approval.

Gauri Gaekwad

54.WP-7015-2024.odt 3.

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

(a) The communication dated 9th May, 2023 shall be treated as a notice to Respondent No.6;

(b) Respondent No.6 would remove the deficiencies and communicate the same along with documents, to Respondent No.5 within 60 days;

(c) Respondent No.5 shall consider the said proposal, after removal of objections/deficiencies, and arrive at a decision within 45 days from the date of receipt of the proposal by following the due procedure laid down in law, with a reasoned order;

(d) If the proposal is accepted, the Management and the Competent Authority would initiate steps for grant of Shalarth ID;

(e) If Respondent No.5 passes an adverse order, the aggrieved party is at liberty to avail of a remedy as is permissible in law.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Gauri Gaekwad