Gitanjali Vishwajit Potdar v. State Of Maharashtra Thr Dept. Of Education And ORS

rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.19270 OF 2024 Gitanjali Vishwajit Potdar ] ..

Petitioner vs.

State of Maharashtra & Ors.

] ..

Respondents Mr.Chetan Patil, for the Petitioner.

Mr.S.H. Kankal, AGP for State-Respondent Nos.1 to 3. CORAM :

M.S.KARNIK & ASHWIN D. BHOBE, JJ DATE :

18th MARCH, 2025.

ORAL ORDER (PER ASHWIN BHOBE, J) :- 1.

Heard Mr. Chetan Patil learned Advocate for the Petitioner and Mr. S. H. Kankal learned AGP for the State.

2.

Challenge in the present petition is to the order dated 24/06/2019, passed by Respondent No.3, rejecting the request for approval to the appointment of the Petitioner as Shikshan Sevak. 3.

Learned Advocate for the Petitioner submits that the impugned order dated 24.06.2019, though makes a reference to the deficiencies in the proposal, however without affording any opportunity to the Management to cure the said deficiencies, Respondent No.2 has rejected the said proposal. He submits that subsequent to the 1/3

impugned order, the Management on 20.01.2021, has complied with the deficiencies, as notified in the impugned order. He submits that the Petitioner would be satisfied if the Respondent No.2 considers the said compliance made by the Management and disposes the proposal. He further submits that in the event of any further deficiencies being noticed by the Respondent No.2, then the same may be notified to the Management, and an opportunity be afforded to the Management to comply with the said deficiencies.

4.

Learned AGP is agreeable to the course suggested by the learned counsel for the Petitioner.

5.

In view of the above, the impugned order dated 24/06/2019, shall be treated as show cause notice to the Respondent Nos. 4 and 5 Management. The Respondent No.2 shall consider the compliance submitted by the Respondent Nos. 4 and 5 on 20.01.2021 and decide the show cause notice .

6.

In the event of any further deficiencies noted by the Respondent No.2, then an opportunity be given to Respondent No.4 and 5 to comply with the same within 7 days, of the Respondent No.4 and 5 being notified of the said deficiencies. Petitioner and the Respondent Nos. 4 and 5 shall cooperate in early disposal of the aforesaid show cause notice.

7.

Respondent No.2 is directed to complete the aforesaid exercise and decide the show cause notice dated 24.06.2019 within a period of six weeks from today.

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8.

We have not expressed any opinion in the matter and the Respondent No.2 shall decide the matter in accordance with law. 9.

With the above directions, the Writ Petition is disposed off. There shall be no orders as to cost.

(ASHWIN D. BHOBE, J.) (M.S.KARNIK, J.) 3/3