Sunil Raghunath Patil vs Education Officer & Ors
2017 Latest Caselaw 3604 Bom

                                1       10-WP-7276-04.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

          WRIT PETITION NO.7276 OF 2004 
                      
Sunil s/o. Raghunath Patil,
Age : 33 years, Occ. Service,
presently working as Headmaster,
Swami Samarth Madhyamik Vidyalaya,
Khadgaon, Tq. Jamner,
Dist. Jalgaon                       ..Petitioner

              Vs.

1. The Education Officer (Secondary)
   Zilla Parishad, Jalgaon

2. The Deputy Director of Education,
   Nashik Division, Nashik

3. State of Maharashtra,
   through its Secretary,
   School Education Department,
   Mantralaya, Mumbai

4. Shri. Samarth Shikshan Prasarak
   Mandal, Khadgaon, Tq. Jamner,
   Dist. Jalgaon,
   through its President                 ..Respondents

                         --
Mr.M.M.Avhad, Advocate for petitioner

Mr.A.S.Shinde, AGP for respondent nos.1 to 3

Mr.A.G.Talhar,   Advocate   i/b.   Mr.S.P.Brahme, 
Advocate for respondent no.4
                         --




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                  CORAM :  T.V. NALAWADE AND
                           SANGITRAO S. PATIL, JJ. 

DATE : JUNE 23, 2017 ORAL JUDGMENT (PER T.V.NALAWADE, J.):

Both sides are heard.

2. There are subsequent developments which

are brought on record in reply affidavit filed by

respondent no.4 - Institution. Recognition of the

school itself has been cancelled by the authority

and an appeal in that regard, is pending. The

petitioner was declared as surplus and at present

he is working with another school. Approval to his

appointment in another school has also been

granted. The learned Counsel for the petitioner

tenders on record a copy of the approval dated

20.12.2013. The same is taken on record.

3. The learned Counsel for the petitioner

submits that a proposal was forwarded by

respondent no.4 - Institution to grant approval

in respect of appointment of the petitioner to the

post of Headmaster also and the said proposal is

3 10-WP-7276-04.odt

still pending with respondent no.1 - Education

Officer. He submits that direction can be given to

respondent no.1 - Education Officer to decide the

said proposal.

4. In view of the statement of the learned

Counsel for the petitioner, the present Writ

Petition is disposed of with a direction to

respondent no.1 - Education Officer to decide the

proposal, if any, forwarded by respondent no.4 in

respect of appointment of the petitioner to the

post of Headmaster, on its own merits, if not

earlier decided.

[SANGITRAO S. PATIL, J.] [T.V. NALAWADE, J.]

kbp