Mahatma Gandhi Education Society, Wadegaon, Balapur, Thr. Secretary And ORS. v. State Of Maharashtra, Thr. Secretary, General Administration Dept., Mumbai And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 8256 OF 2025 MAHATMA GANDHI EDN. SOCIETY, WADEGAON AND OTHERS

VERSUS

STATE OF MAN., THRU. SECY., GEN. ADMN., DEPTT. AND OTHS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Ram D. Karode, Advocate for the petitioner Mr. A. S. Fulzele, A.G.P. for respondent nos. 1, 2, 3 and 5 CORAM : SMT. M. S. JAWALKAR and M. W. CHANDWANI, JJ. DATE : DECEMBER 22, 2025.

1.

Heard.

2.

The contention is that as held in Original Application No. 1006/2015 that condition no.2 (1) of the Government Resolution dated 22.08.2005 is contrary to the test of reasonableness, which was confirmed by the decision of this Court in the case of Additional Commissioner of Sales Tax .vs. Amol G. Deore, reported at 2019(1) ABR 135, respondent no.2 - Deputy Director of Education, Amravati Divn., Amravati cancelled the approval granted to the compassionate appointment of the petitioner as a Peon in place of his father who was declared medically unfit for the reason that he is suffering from Tuberculosis (TB).

3.

Issue notice to the respondents, returnable on 05.01.2026.

4.

The learned Addl. Government Pleader waives service of notice on behalf of respondent nos. 1 to 3 & 5. (M.W.CHANDWANI, J.) (SMT. M.S.JAWALKAR, J.)

2 27 wp8256.25.odt Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 22/12/2025 17:38:00