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Bombay High CourtWP/17896/2024disposed off

Minal Sudhakar Jadhav v. The State Of Maharashtra Thr The Secretary, School Education And Sports Dept And ORS

2025-04-09Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

937-WP-17896-2024-(C).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17896 OF 2024 Minal Sudhakar Jadhav

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Prashant Bhavake, Advocate for the Petitioner. Mr. P.P. Kakade, Addl. G.P. a/w Mr. K.S. Thorat, 'B' Panel Counsel, for Respondent Nos.1 to 4/State.

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

DATE : 9th APRIL, 2025 P.C. :- 1.

By an order dated 29th November, 2022, the Divisional by SUNNY ANKUSHRAO THOTE Date:

2025.04.16 14:11:58 +0530 SUNNY ANKUSHRAO THOTE Deputy Director of Education, Mumbai Division, Shri. Sandeep Sangave, has raised nine objections/deficiencies and instead of allowing the Management to remove the deficiencies and submit the revised proposal, he has rejected the proposal, and returned it to the Management.

2.

In several orders, we have concluded that the Authority should grant an opportunity to the Management to remove the SUNNY THOTE

937-WP-17896-2024-(C).odt deficiencies and the proposal should not be rejected outright. 3.

In view of the above, this Writ Petition is partly allowed. The impugned order dated 29th November, 2022, would be construed as a notice to the Management, Respondent Nos.5 and 6. The Management shall remove the deficiencies and submit a revised proposal within a period of 30 days from today. Thereafter, the concerned Authority would deal with the said proposal, on its own merits by conducting an in-depth verification exercise, as is permissible in law and pass a reasoned order within a period of 45 days thereafter.

4.

We make it clear that we have not expressed any opinion as regards the merits of the proposal. If the proposal is rejected, the aggrieved party is at liberty to avail of a remedy, as is permissible in law. If the proposal is accepted, the Management shall initiate steps for the grant of Shalarth-ID to the Petitioner, expeditiously.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) SUNNY THOTE