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Bombay High CourtWP/16759/2024disposed off

Morya Shikshan Sanstha Thr Its Secretary And ORS v. The State Of Maharashtra Thr Its School Education And Sports Dept. And ORS

2024-11-18Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2024.11.22 16:56:57 +0530 Trupti 1 28-wp-16759-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16759 OF 2024 Morya Shikshan Sanstha & Ors.

...

Petitioners versus The State of Maharashtra & Ors.

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Respondents ....

Dr.Rajendra J. Godbole with Mr.Vishal Muglikar i/b. Mr.Vishal V. Kurtukade for the Petitioners.

Mr.P.P.Kakade, Addl.GP with Mr.V.M.Mali, AGP for the Respondent - State.

....

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

DATE : 18TH NOVEMBER, 2024 P.C.:

1.

We have heard the learned Advocates for the respective sides.

2.

The learned Addl.GP places before us a Government Resolution dated 27th March, 2024 wherein the Appeals against the orders of the Education Officers, as like the one impugned in this Petition, are to be filed before an Appellate Authority created under the said Government Resolution.

Trupti 2 28-wp-16759-2024.odt 3.

The learned Advocate for the Petitioners, submits on instructions that the Petitioners would prefer an Appeal in view of the Government Resolution dated 27th March, 2024. He seeks liberty to withdraw this Petition with a request that all the contentions of the Petitioners be considered in the Appeal, including the orders that may be cited by the Petitioners in support of their case. 4.

In view of the above, this Writ Petition is disposed off as withdrawn with liberty to the Petitioners. All their contentions as well as the material that they may placed before the Authority, inclusive of written notes of submissions, shall be considered by the concerned Authority created under the Government Resolution dated 27th March, 2024 and shall decide the said Appeal on its own merits within a period of 60 days from the date of the filing of the Appeal. 5.

Since the Petitioners have approached this Court and have spent time by filing this Petition, let the Appeal be filed within 15 days from today and the time spent by the Petitioners in this Court from 4th October, 2024 be considered as a good ground for condonation of delay. (ASHWIN D. BHOBE,J.) ( RAVINDRA V. GHUGE, J.)