Elizabeth Vincy Thomas v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4 OF 2025 by URMILA PRAMOD INGALE Date:

2025.03.12 11:10:06 +0530 URMILA PRAMOD INGALE Elizabeth Vincy Thomas ... Petitioner

Versus

The State of Maharashtra and ors.

.... Respondents **** Mr. Rahul Kadam, for the Petitioner.

Mr.V.G. Badgujar, AGP for Respondent Nos. 1 and 2 - State. **** CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

05th MARCH, 2025 P.C. :

1.

This is yet one more case of an Education Officer pointing out deficiencies in a proposal of the Management and rather than permitting the Management to cure the deficiencies, proceeds to reject the proposal.

2.

In hundreds of such cases, we have been passing orders trying to convey to these Education Officers that this is not the way of dealing with such proposals.

3.

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

impugned order dated 22nd May 2024 is quashed and set aside. 4.

The deficiencies pointed out in the impugned order, shall be treated as a notice to the Management. The Management shall remove the said deficiencies within a period of 30 days and submit a revised proposal. Respondent No.2 shall thereafter consider the revised proposal by conducting a strict verification exercise, and pass a reasoned order on the proposal, within 45 days from the date of receipt of the same. 5.

A copy of this order obtained from the official website of the Bombay High Court, shall be served by the Petitioner on the Management by Speed Post A.D., at the earliest, in order to enable sufficient time for the Management to comply with the directions set out in this order.

6.

We make it clear that we have not expressed any opinion about the merits of the proposal.

7.

Considering the circumstances in which we have quashed the impugned order, the concerned Education Officer namely Dr. Bhausaheb Karekar would pay cost of Rs.2,500/- from his salary bank

account and deposit the same amount in this Court within 30 days. By the consent of the parties, the Registry shall transfer the said amount in favour of the following entity :- Children Aid Society, Mumbai Account No.02370100005612 Bank Name :UCO BANK Branch - Matunga IFSC : UCBA0000237 (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)