Dhirajkumar Vijay Sutar v. State Of Maharashtra Throu. The Sec. Dept Of Education And Sports And ORS

912-WP-2139-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2139 OF 2024 Dhirajkumar Vijay Sutar ....Petitioner versus The State of Maharashtra through The Secretary Department of Education & Sports & Ors.

....Respondents Mr. Prashant Bhavake, Advocate for the Petitioner. Ms. N.M. Mehra, AGP for the Respondent No.1-State. Mr. Utkarsh Desai, Advocate for Respondent Nos.4 and 5. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 6th FEBRUARY, 2025 P.C. :- 1.

The grievance of the Petitioner is that earlier the approval was refused on the ground that the Petitioner did not have the TET qualification. After he acquired the said qualification, now several grounds have been put forth in the second round for rejection of the application. Leave to add grounds as well as the copy of the advertisement.

Kartikeya

912-WP-2139-2024.odt 2.

Issue notice to the Respondents, returnable on 18th March, 2025. The learned AGP waives service of notice on behalf of Respondents Nos. 4 and 5. Let the Affidavit-in-Reply be filed at least ten days prior to the returnable date.

3.

Considering the law laid down by the Full Bench of this Court in St Ulai High School vs. Devendraprasad Jagannath Singh, 2007 (1) Mh.L.J. 597, lack of approval would not be a ground for termination and the employer is restrained from terminating the services of the Petitioner.

4.

All office objections to be removed on or before 25th February,, 2025, failing which, the Petition would stand dismissed without reference to the Court, on 26th February, 2025. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Kartikeya