Balkrishna Shankar Kanase And ORS v. The State Of Maharashtra Thr The Secretary School Education And Sports Dept. And ORS

904.WP.10707.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by ANANT KRISHNA NAIK Date:

2024.08.01 17:09:37 +0530 ANANT KRISHNA NAIK WRIT PETITION NO. 10707 OF 2024 Balkrishna Shankar Kanase And Ors

...Petitioners

Versus

The State Of Maharashtra And Ors

...Respondents

Mr. Suresh Pakale, Senior Advocate a/w Mr. Nilesh Desai i/b. Ms Padmaja Malgaonkar for the Petitioners.

Mr. Aditya R. Deolekar, AGP for the Respondent Nos. 1 to 3-State Mr. Ashok Misal for the Respondent Nos. 4 & 5 CORAM : NITIN JAMDAR & M. M. SATHAYE, JJ.

DATED : 31 JULY 2024 P.C.:

1.

The Petition was mentioned yesterday and was kept today for urgent admission. Learned Counsel for the Respondent - Zilla Parishad states that promotion orders have already been issued yesterday evening. According to the Petitioners the action of the Respondent - Zilla Parishad is contrary to the statutory rules and the Circular issued by the State Government.

2.

Though we are not inclined to stay the entire promotion process akn 1/2

904.WP.10707.2024.doc at the behest of 6 Petitioners before us, considering the facts and circumstances that the Petitioners had approached the Court before the promotions were granted, while we defer the hearing of this Petition, we direct the Respondent - Zilla Parishad to ensure that if the Petitioners succeed, they will not be non-suited on the ground that there are no vacancies.

3.

Stand over to 19 August 2024.

(M. M. SATHAYE, J.) (NITIN JAMDAR, J.) akn 2/2