Dr. (Mrs.) Rita Naresh Wadetwar ... vs State Of Maha. Thr. Secretary, ...
2021 Latest Caselaw 10310 Bom

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

                            WRIT PETITION NO. 2664 OF 2021
           (Dr. (Mrs.) Rita Naresh Wadetwar Vs. State of Maharashtra and others)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions              Court's or Judge's orders.
and Registrar's Orders.
                            Shri S.P. Bhandarkar, Advocate for petitioner.
                            Shri Neeraj Patil, AGP for respondents/State.

                            CORAM : SUNIL B. SHUKRE AND
                                    ANIL S. KILOR, JJ.

DATE : 4th AUGUST, 2021.

Heard Shri S.P. Bhandarkar, learned counsel for the petitioner.

2. The petitioner is already armed with an order with a direction issued by this Court in its judgment dated 08.07.2019 passed in Writ Petition No.6280/2016, that Joint Director of Higher Education, Nagpur Division, Nagpur and Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur, shall process the claim of the petitioner in accordance with a Government Resolution dated 06.02.2006 and take a decision in accordance with law within a period of three months from today and yet, the respondent No.3 has passed the impugned order dated 03.12.2019. The learned counsel for the petitioner invites our attention to the communication dated 11.07.2019 issued by respondent

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No.3 to respondent No.4 informing him that the power to take a decision on the claims pertaining to benefits of Government Resolution dated 06.02.2006 are conferred upon the Director, Technical Education, Mumbai, and it is submitted that now the order impugned herein is almost contrary to the communication dated 11.07.2019.

3. In a matter like this, prima facie, we are of the view that when this Court has issued a direction in a specific manner to the Joint Director, Higher Education, also Registrar of Rastrasant Tukdoji Maharaj, Nagpur University, Nagpur, to process the claim of the present petitioner in accordance with the Government Resolution dated 06.02.2006, it was necessary for the Joint Director, Higher Education to process the claim and forward it to the authority having power to consider the grant of the claim or otherwise.

4. Respondent No.3 as well as the respondent No.4, it appears, have not apparently complied with the direction given by this Court in its judgment dated 08.07.2019.

5. Issue notice for final disposal at admission stage to the respondents, returnable after three weeks.

6. Shri Neeraj Patil, learned AGP waives service of notice for respondent Nos.1 to 3 & 5.

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7. Liberty is granted to the respondent Nos.3 & 4 to still make amends.

                                       JUDGE                          JUDGE
Prity