Abhijit Harib Alave v. The State Of Maharashtra Thr The Secretary School Education And Sports And ORS

Digitally signed by ANANT KRISHNA NAIK Date:

2024.09.23 11:32:10 +0530 ANANT KRISHNA NAIK @23.WP.12486.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12486 OF 2024 Abhijit Hariba Alave

...Petitioner

Versu The State Of Maharashtra And Ors

...Respondents

Mr. Prashant Bhavake for the Petitioner.

Ms Nisha Mehra, AGP for the Respondent Nos. 1 to 5 CORAM : NITIN JAMDAR & M. M. SATHAYE, JJ.

DATED : 20 SEPTEMBER 2024 P.C.:

1.

The Petitioner is working with the Respondent Nos. 6 & 7Management. A proposal was submitted by the Respondent - Management in respect of the appointment of the Petitioner as Junior Clerk which was rejected by the impugned order dated 5 January 2024. 2.

Learned AGP points out that the State has now provided a forum by way of Government Resolution (GR) dated 27 March 2024 which will have to re-look at the orders of the Education Officer not granting approvals amongst other categories of orders. This Committee /Appellate Forum would consider whether the order rejecting the approval is correct or otherwise after giving an opportunity to the concerned parties such as the Petitioner and the Management. This forum is also empowered to akn 1/2

@23.WP.12486.2024.doc issue interim orders. Since the state government has provided a forum to reconsider the orders of rejection, we find no reason why the Petitioner should not take advantage of this additional opportunity. 3.

Though the GR dated 27 March 2024 provides for a limitation of 30 days, in light of the fact that this Petition is pending in this Court if the Petitioner and the Respondent-Management approach the forum within two weeks from today, then the delay in approaching the forum will stand condoned. The forum will follow the methodology laid down in the GR.

4.

The Writ Petition is disposed of.

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