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Bombay High CourtWP/3551/2025disposed off

Bapusaheb Deshmukh Seva Pratishthan Through Chairman Mr. S. A. Dehsmukh v. The Union Of India Through Ministry Of Ayush Govt. Of India

2025-03-26Hon'Ble Shri Justice M. M. Sathaye , Hon'Ble Shri Justice A.S. Chandurkar2 pages

2025:BHC-AUG:7717-DB 55, 56-WP-3544, 3551-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 55 WRIT PETITION NO. 3544 OF 2025 ARUN NAGNATH CHAVAN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND 56 WRIT PETITION NO. 3551 OF 2025 VILAS DATTATRAY GURME AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. S. B. Bhosale, Advocate for the Petitioners Mr. M. K. Goyanka, AGP for Respondent Nos. 1 and 2 Mr. P. R. Tandale, Advocate for Respondent Nos. 3 and 4 ....

CORAM : MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 17.03.2025 PER COURT :- We have heard both the sides extensively.

2.

These matters had appeared for the first time on 13.03.2025. Considering the dispute as to whether the Petitioners' case would be covered by sub-clause (ii) or sub clause (iii) of Rule 6 (8) of the Maharashtra Zilla Parishad Services (Recruitment) Rules, 1967, we had directed the Education Officer to file affidavit.

(( 2 )) 55, 56-WP-3544, 3551-2025 3.

The learned advocate for the respondent Zilla Parishad submits that he could not get the instructions to file affidavit-in-reply but could have some instructions. He submits that the Education Officer (Primary) has turned down the application of the petitioners. 4.

Considering the complexity of the issue in juxtaposition to the fact that today is the last date for uploading the data on the portal inasmuch as if the petitioners' request is not accepted today, they will not be eligible to participate in the process and may not be considered eligible to be transferred in the ensuing annual transfer process, we dispose of the petitions permitting the petitioners individually to approach the Chief Executive Officer of the concerned Zilla Parishad, who shall consider their request on their own merits. 5.

The petitioner to act upon the authenticated copy of this order. The learned advocate who appears for the Zilla Parishad shall communicate this order to the concerned Chief Executive Officer without waiting for the authenticated copy.

[ Y. G. KHOBRAGADE, J. ] [ MANGESH S. PATIL, J.] SMS