Megha W/O Tushar Sakale v. State Of Maharashtra, Thr. Its Secretary, Education And Sport Dept. Mantralaya, Mumbai And ORS

2025:BHC-NAG:1509-DB 19-wp1730.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1730 OF 2024 Megha Tushar Sakale -Vs.- The State of Maharashtra and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr.Ram Karode, Adv. for the petitioner.

Mr.A.M.Kadukar, AGP for the respondents-State. Mr.D.S.Kanwale, Adv.for the respondent Nos.3 and 4. CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATE : 14TH FEBRUARY, 2025 The reason for not considering the application for approval of the petitioner as is indicated from the impugned communication dated 08/12/2023 (Pg.88), is that the advertisement was not issued in a newspaper having wide circulation, in terms of the communication dated 26/09/2023 (Pg.108) and the 50% ban imposed in terms of the communication dated 28/08/2023.

2.

Though the learned AGP supports the impugned communication, what is necessary to note, is that the impugned communication is based upon instructions, which are post appointment of the petitioner, who has been appointed on 10/10/2022, and has joined the services on 09/11/2022, in light of which, we do not see how those communications could be applied to the petitioner, whose appointment is earlier in point of time. The impugned KHUNTE

19-wp1730.24.odt 2/2 communications are hereby quashed and set aside and the respondent No.2 is directed to grant approval to the appointment of the petitioner, in case there is no impediment in law. The petition is allowed accordingly in the above terms. No order as to costs.

(ABHAY J. MANTRI,J) (AVINASH G. GHAROTE, J) Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 14/02/2025 16:53:33 KHUNTE