Mr. Jadhav Vikas Hindurao vs The State Of Maharashtra Thru ...
2021 Latest Caselaw 10218 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION
                    WRIT PETITION NO. 12103 OF 2019

Jadhav Vikas Hindurao                               ..... Petitioner
     VERSUS
The State of Maharashtra & Ors.                     ..... Respondents

Mr.H.S.Kazi, a/w. Ms.S.S.Vavhal for the Petitioner.
Mrs.P.J.Gavhane, A.G.P. for the State.
Mr.Milind Deshmukh for the Respondent no. 3.
                                  CORAM: R. D. DHANUKA AND
                                         R.I.CHAGLA, JJ.

DATE : 3rd AUGUST, 2021

P.C:-

Rule. Learned A.G.P. waives for the respondent nos. 1 and 2.

Learned counsel for the respondent no.3 waives service. Heard finally

by consent of parties.

2. By this petition filed under Article 226 of the Constitution of

India, the petitioner seeks direction against the respondents to appoint

the petitioner as a full time assistant teacher in the colleges mentioned

in the petitioner's letter at Exs.C and D for the subject of "Agricultural

Science and Tech" (75).

3. By an order dated 28th July, 2021, this Court had recorded that

the petitioner and the respondent no.3 jointly state that the issue

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involved in this matter is already covered by the order dated 22nd July,

2021 in Writ Petition No. 3133 of 2021 in case of Shri Santosh

Vitthal Bhilare vs. the State of Maharashtra & Ors.

4. Learned A.G.P. was to take instructions and to make a statement

as to whether the issue involved in this writ petition is covered by the

said judgment or not today.

5. Learned A.G.P. for the respondent nos. 1 and 2 on instruction

states that the issue involved in this petition is covered by the said

judgment.

6. Learned A.G.P. and the learned counsel for the respondent no.3

have no objection if the similar order is passed by this Court as passed

in case of Shri Santosh Vitthal Bhilare (supra).

7. We accordingly pass the following order :-

(a) The petition is, accordingly, disposed of by giving

liberty to petitioner to file appropriate

applications/representations for absorption as full time

assistant teacher in accordance with the State policy. The

concerned Education Officer or Deputy Director of

Education, as the case may be, shall, on receipt of such

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applications/representations, extend opportunity of hearing

to the Petitioner and the concerned institutions (who are

arraigned as Respondent No.3 in of this petition), and,

thereafter, issue necessary instructions/directions for

facilitating absorption of the Petitioner in accordance with

the policy of the Respondent State, as expeditiously as

possible, and preferably within a period of four months

from the date of receipt of the applications/representations.

In the event the Petitioner is found eligible for absorption

either as full time Shikshan Sevak or full time Assistant

Teacher in the concerned private institutions, the

authorities, i.e. the Education Officer or Deputy Director

of Education, as the case may be, shall issue directions to

the employer institutions for submitting appropriate

proposals for grant of approval to upgradation of the

Petitioner as full time Shikshan Sevak/Assistant Teacher.

8. Rule is made absolute in the aforesaid terms.

9. Writ petition is disposed of in the aforesaid terms. No

order as to costs.

[R.I.CHAGLA, J.]                             [R. D. DHANUKA, J.]