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2025 DAILYLAW 43154 (BOM)

MR. PRASAD PRABHAKAR JADHAV v. STATE OF MAHARASHTRA THR DEPT. OF EDUCATION AND ORS

WP/4705/2023 · 2025-01-27

Shri Ashwin D Bhobe, Shri Nitin W Sambre

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Nikita 8-wp-4705-2023.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4705 OF 2023 Prasad Prabhakar Jadhav Petitioner Vs. State of Maharashtra and Ors. Respondents Mr. Chetan Patil i/b Mr. Mandar G. Bagkar for the Petitioner. Mr. V. M. Mali, AGP for the State/ Respondent Nos. 1, 2, and 5. CORAM : NITIN W. SAMBRE & ASHWIN D. BHOBE, JJ. DATE : 27th JANUARY, 2025 ORDER : 1. Though served, Respondent Nos. 3 and 4, i.e. the Management and the School, with whom the Petitioner is employed have chosen not to appear in this matter. The challenge is to the order whereby, the prayer for grant of approval is rejected for non furnishing of the relevant document as provided in the communication dated 2nd March 2022. 2. In this background, since the Management has chosen not to appear in the matter, we are presuming that it was failure of the Management to furnish the documents in compliance with the 1/2 NIKITA KAILAS DARADE Digitally signed by NIKITA KAILAS DARADE Date: 2025.01.29 12:09:17 +0530 Nikita 8-wp-4705-2023.docx communication dated 2nd March 2022. 3. That so, order impugned at Annexure D-1 dated 8th September 2022 passed by Respondent Education Officer Secondary is hereby quashed and set aside. 4. We permit the petitioner to appear before the Management with this order on 10th February 2025. 5. We direct the Respondent Management and the School i.e., Respondent Nos. 3 and 4 to complete the proposal as per communication dated 2nd March 2022 referred in the order impugned, within a period of six weeks thereafter and submit the same, complete in all respect to Respondent No.2, Education Officer. 6. The Education Officer after having received the said proposal shall decide the same within a period of four weeks thereafter. 7. The Writ Petition shall stand allowed in above terms. (ASHWIN D. BHOBE, J.) (NITIN W. SAMBRE, J.) 2/2