Ramchandra S/O. Anandrao Tekam v. State Of Maha., Thr. Secy., School Education Dept., Mumbai And ORS.

2025:BHC-NAG:1943-DB 1 47.WP.6726-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6726 OF 2024 ( Ramchandra S/o Anandrao Tekam Vs.

The State of Maharashtra, Thr. the Secretary, School Education Department, Mantralaya, Mumbai & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.M. Sharma, Advocate for the Petitioner. Mr. S.V. Narale, AGP for the Respondent No.1/State. Mr. S.D. Zoting, Advocate for the Respondent Nos.2 to 4. CORAM: ALOK ARADHE, CJ. AND AVINASH G. GHAROTE, J.

DATED : 26th FEBRUARY, 2025 P.C.

1.

Heard.

2.

The employment and services of the Petitioner has been terminated on the ground, that he has not acquired requisite qualification before the cut-off date. 3.

Though it is contended by learned Counsel for the Respondent Nos. 2 to 4, that the cut-off date was 28.02.2019 in light of the Government Resolution dated 09.02.2016 (page 19), we however, find that the same stands extended to 31.03.2019, in view of subsequent Government Resolution dated 14.09.2017 (page 23).

2 47.WP.6726-2024.odt 4.

The Petitioner has admittedly appeared for examination on 15.03.2019, and therefore, though the result has been declared subsequently in which he has cleared the examination, the declaration of the result not being within his domain, the Petitioner cannot be faulted for the declaration of the result which is subsequent to the cut-off date. We, therefore, are not unable to agree with the reason enumerated in the impugned order dated 24.09.2024 passed by the Respondent No.2 terminating the services of the Petitioner, on account of non-acquiring the qualification before the cut-off date. The same is therefore quashed and set aside and the Petition is allowed with the direction that the Petitioner shall be reinstated with all consequential benefits within a period of three weeks from today.

5.

Pending application/s, if any, shall stand disposed of accordingly.

(AVINASH G. GHAROTE, J.) (CHIEF JUSTICE) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 26/02/2025 19:23:55