Gondia Education Society, ... vs The State Of Maharashtra Through ...
2021 Latest Caselaw 16718 Bom

                                                    Judgment in WP No.1948.2020.odt




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

                  WRIT PETITION NO. 1948 OF 2020

1. Gondia Education Society, Gondia through
   its Authorized Signatory Nikhil Rajendra
   Jain, aged 30 years, having office at N.M.D.
   College Campus, Gondia, Dist. Gondia

2. J. M. Patel Arts, Commerce and Science              .. Petitioners
   College, Bhandara through its Principal
   Dr.Vikas Prabhakarrao Dhomne, aged 57
   Years, Bhandara, Dist. Bhandara

                     Versus

1. The State of Maharashtra through its
   Secretary, Department of Higher and
   Technical Education, Mantralaya, Mumbai -
   400032

2. The State of Maharashtra through its
   Secretary, Finance Department, Mantralaya,
   Mumbai - 400032
                                                     .. Respondents
3. The Director of Higher Education, State of
   Maharashtra, Central Building, Pune
   411001

4. The Joint Director of Higher Education
   State of Maharashtra, Nagpur Division, Civil
   Lines, Nagpur - 411001



Mr. B. G. Kulkarni, Advocate for petitioners.
Mr. S. M. Ukey, Addl.G.P. for respondents.

                           CORAM :            SUNIL B. SHUKRE AND
                                              ANIL L. PANSARE, JJ.

                           DATED       :      02/12/2021

                                                                       PAGE 1 OF 3
                                                    Judgment in WP No.1948.2020.odt

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Heard. Rule. Rule made returnable forthwith.

Heard finally by consent of the learned counsel for the parties present

before the Court.

(2) The issue involved here is only about issuance of

NOC by respondent No.4 for filling up the sanctioned four posts of

Assistant Professor.

(3) The reply filed on behalf of respondent Nos.1 to 4 is

quite favourable to the petitioners. It is only said that the NOC is not

being issued only for the reason of the operation of the Government

Resolution dated 04/05/2020, which states that during Covid

Pandemic, no such decision as would involve incurring of expenditure

be taken. The reply also states that as soon as the State Government

relaxes its policy about the filling up of new posts, the NOC would be

issued by respondent No.4 to the petitioner. Now, the restrictions

which were brought in place vide GR dated 04/05/2020 have been

relaxed and the way to issuance of the requisite NOC has been opened

up, as seen from the GR dated 12/11/2021.

PAGE 2 OF 3 Judgment in WP No.1948.2020.odt

(4) In view of the above, we allow the petition and

direct the respondent No.4 to issue NOC to the petitioners within four

weeks from the receipt of the order.

(5) Rule is made absolute in above terms. No costs.

[ ANIL L. PANSARE J. ] [ SUNIL B. SHUKRE J.]

KOLHE

Digitally signed byRAVIKANT CHANDRAKANT KOLHE Signing Date:03.12.2021 16:52 PAGE 3 OF 3