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Bombay High CourtWP/14101/2024disposed off

Javed Rajjak Tamboli v. State Of Maharashtra Thr. Principal Secretary School Education And Sports Department And ORS

2024-10-15Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice M. M. Sathaye3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14101 OF 2024 Mr. Javed Rajjak Tamboli

...Petitioner

Versus

The State Of Maharashtra Thr. Its Pincipal Secretary & Ors.

...Respondents

Mr. Wasim Samlewale, Advocate for the Petitioner. Mr. S.H. Kankal, AGP for Respondent Nos.1 & 2/State. CORAM : RAVINDRA V. GHUGE & M.M. SATHAYE, JJ.

DATE :- 15th OCTOBER, 2024 PER COURT :- 1.

The proposal dated 2nd May, 2023 seeking approval to the appointment of the Petitioner, forwarded by the Head Master to the Education Officer, is pending decision.

by SUNNY ANKUSHRAO THOTE Date:

2024.10.18 10:27:29 +0530 SUNNY ANKUSHRAO THOTE 2.

We are informed that the advertisement was published in 'Dainik Lokmat' pursuant to which the Petitioner had applied and has been selected and appointed as Shikshan Sevak vide the appointment order dated 25th June, 2012.

3.

We are informed that the proposal was earlier rejected and the Petitioner had approached this Court in Writ Petition No.10631 of 2019, which was dismissed by order dated 26th February, 2022. Subsequently, the Petitioner stumbled across a Government Resolution, dated 24th August, 2018, which was issued by the Department of School Education and Sports for the purpose of guidance to various Authorities as regards the manner in which approval proposals should be dealt with. On the basis of this Government Resolution, the Petitioner had moved Review Petition No.121 of 2022. Though the Court rejected the Review Petition vide order dated 11th April, 2023, it was observed in Paragraph No.3 that 'Of-course, the review petitioner can still apply to the concerned Education Officer for reviewing his impugned decision on the basis of the Government Resolution dated 24th August, 2018'. 4.

It is in the light of the above, that the proposal is still pending with the concerned Authority.

5.

As such, this Writ Petition is disposed off with a direction to Respondent No.2, to deal with the said proposal in strict

compliance of the rules and the policies applicable and after conducting a meticulous inquiry, a decision be arrived at. Let this exercise be completed, on or before 30th November, 2024. (M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)