Bombay High CourtWP/5035/2024dismissed

Ise Khan Noor Khan v. State Of Maha., Thr. Education And Sports Dept., Mumbai And ORS.

2025-03-17Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 17wp5831.2024..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 5831 OF 2024 (Quddusiya Aafreen Imran Khan and anr Vs. State of Maharashtra and others) and WRIT PETITION NO. 5035 OF 2024 (Ise Khan Noor Khan Vs. State of Maharashtra and others) and WRIT PETITION NO. 6082 OF 2024 (Mohd. Iftekhar s/o Mohd. Quddoos Vs. State of Maharashtra and others) and WRIT PETITION NO. 5015 OF 2024 (Shaikh Munna Shaikh ZameerVs. State of Maharashtra and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.D. Karode, Advocate for petitioners.

Mr. S.M. Ukey, Addl. GP for respondent Nos 1 and 4 in WP No. 6082/2024, WP 5831/2024, for respondent Nos. 1 and 6 in WP No. 5035/2024 and WP 5015/2024.

Mr. Waghmare, Advocate h/f Mr. P.B. Patil. Advocate for respondent No.5, Mr. M.A. Sable Advocate for respondent Nos. 2 and 3 in WP No.6082/2024 Mr. S.R. Puddatwar, Advocate h/f Mr. D.M. Kale, Advocate for respondent Nos. 2 and 3 in Writ Petition No. 5015/2024 Ms. H.N. Jaipurkar, Adv. h/f Mr. B.N. Jaipurkar, Advocate for respondent No. 2 in WP Nos. 5831/2024 and PW 5035/2024.

CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATED : 17-03-2025 Heard.

The petition questions the order 22.3.2024 passed by the respondent No. 4, whereby in spite of the selection of the petitioner as a Shikshan Sevak, the further appointment process has been stalled and kept on hold on account of registration of crime no. 56/2021 and 58/2021 filed in that regard. The learned Counsel for the petitioner invites our attention to the information obtained under the RT Act

2 17wp5831.2024..odt dtd 7.2.2025 (p140) in which it has been stated that though a charge sheet has been filed in crime 56/2021 vide RCC No.992/2022 the petitioner has not been arrayed as accused there. Similar is the position regarding the petitioner in WP 6082/2024, in respect of which, the communication dated 24.2.2025 supplied to the petitioners under the RTI Act which is tendered across the bar is taken on record and marked as 'X' for purpose of identification. Similar position prevails in respect of the petitioners in WP No. 5015/2025 in respect of which, the communication dated 24.2.2025 supplied to the petitioner under the RTI Act which is tendered across the bar is taken on record and marked as 'X' for purpose of identification. In WP No. 5035/2024 this position is reflected, from the RTI reply dtd. 24.2.2025(p138). That being the case, the selection of the petitioners in all these petitions cannot be put on hold.

Learned Counsel for the petitioner to demonstrate what is the position in respect of FIR 58/2021. 4.

List the matter on 26/03/2025.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) Belkhede Signed by: Mr. R. S. Belkhede Designation: PA To Honourable Judge Date: 17/03/2025 18:46:46