Vishal Shivaji Ahire v. The State Of Maharashtra Thr Principal Secretary And ORS
Digitally signed by TRUPTI SADANAND BAMNE Date:
2025.04.09 11:50:19 +0530 TRUPTI SADANAND BAMNE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4367 OF 2025 Vishal Shivaji Ahire ... Petitioner versus The State of Maharashtra & Ors.
... Respondents ---- Mr.Mandar G. Bagkar for the Petitioner.
Mr.B.V.Samant, Addl.GP for the Respondent -State. Mr.C.G.Gavnekar with Mr.Rohit Parab for Respondent No.4Management. ---- CORAM :
RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 04TH APRIL, 2025 P.C. :- 1.
This is a case wherein a stranger approaches the Education Officer and levels allegations against the employees working in an educational institution. To our dismay, the Education Officer is quick in initiating action.
2.
Mr. Pravin Patil, the Education Officer (Secondary), Zilla Parishad, Nashik has passed the impugned order dated 24th December, 2024 clearly mentioning that a person, namely, Mr. Aher Prabhakar Daulatrao, has complained about the affairs of the Institution.
3.
The learned Advocate for Respondent No.4 Management informs that the wife of Mr. Aher is employed in the Institution and because she did not get a favorable posting, he has started complaining along with few others, which are subject matter of other pending Petitions.
4.
The learned Advocate for the Petitioner points out the Government Circular dated 18th February, 2025 issued by the Department of Higher and Technical Education, Government of Maharashtra, wherein a reference to an order passed by the Division of this Court, to which one of us is a party (Ravindra V. Ghuge, J.), dated 23rd October, 2024 in Writ Petition No. 2492 of 2024 (Nishant Namdeorao Gatkal and Another vs. The State of Maharashtra and Others). Several paragraphs of the order have been verbatim reproduced in the Government Circular mentioning the direction of this Court to the State Government to issue directives to ensure that complaints by strangers or bystanders are not entertained. 5.
The impugned order dated 24th December, 2024 as well as the order dated 2nd August, 2023, are passed by the same Education Officer on the complaint of Mr.Prabhakar Aher,
Mr.Shivaji Patil, Mr.Hemant Sonavane and Mr.Dilip Pawar. The order dated 12th July, 2023 is passed by Dr.B.B.Chavan, the Deputy Director of Education, Nashik Division, Nashik on the complaint of Mr.Shivaji Panditrao Patil and two others. These orders are prior in time to the date of the Government Circular, which is 18th February, 2025.
6.
The learned Addl.GP has made an effort to make us believe that after this Government Circular, none of the Education Officers or the Superior Officers would be passing such type of orders. He graciously submits that if this Court comes across any such orders, post the Government Circular, this Court may deal with the matter on its own merits. For the present, he tenders a communication dated 3rd April, 2025 addressed to the learned Addl. Government Pleader wherein the impugned orders are said to have been withdrawn and the attaching and detaching as per the Shalarth Pranali, would be done, within 15 days. A photostat copy of the said communication is tendered to the Court, which is taken on record and marked as 'X' for identification.
7.
In view of the above, this Writ Petition stands worked out and is disposed off.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)