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

19-wp-10707-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10707 OF 2024 Balkrishna Shankar Kanase and Ors. .....Petitioners NIKITA KAILAS DARADE Vs.

NIKITA KAILAS DARADE Date: 2025.01.30 19:34:21 +0530 The State of Maharashtra and Ors. ....Respondents Adv. S. S. Pakale a/w Nilesh Desai i/b Padmaja Malgaonkar for the Petitioner.

Mr. V. G. Badgujar AGP for the State/Respondent Nos. 1 to 3. Mr. Ashok Misal for Respondent Nos. 4 and 5.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 28th JANUARY, 2025 P.C. :- 1.

Issue notice to the Respondents, returnable on 17th February, 2025. The appearing parties waives service of notice on behalf of all the Respondents.

2.

The question raised by the learned Senior Advocate is, as to whether the Director of Education had any power to pass an order in relation to the seniority list of the candidates who could be Nikita

19-wp-10707-2024.odt eligible for appointment as a Cluster Head and whether he had the power to pass the impugned order dated 13th July, 2024 which led to the creation of the seniority list dated 24th July, 2024. 3.

We, therefore, expect Respondent No.3 to enter an affidavit-in-reply to explain the source of his authority to pass such an order. Let such reply be filed on or before 13th February 2025. 4.

List this Writ Petition on 17th February, 2025 in the urgent admissions category.

5.

Needless to state, the observations of this Court in paragraph No.2 of the order dated 31th July, 2024 would continue to bind the parties.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Nikita