Data Minority Educational And ... vs Shri. Sunil Chauhan, Director Of ...
2021 Latest Caselaw 1899 Bom

                                            1                                    CP36-20.odt


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


         CONTEMPT PETITION NO. 36/2020 IN W.P. NO. 6997/2018 (D)
    (DATA MINORITY EDUCATIONAL & WELFARE ORGANIZAION, AKOLA &
     ANOTHER VERSUS     SUNIL CHAUHAN, DIRECTOR OF EDUCATION
                  (PRIMARY) M.S. PUNE & ANOTHER)


Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions                   Court's or Judge's order
and Registrar's orders.
          Shri C.M. Samarth, counsel for the petitioners.
          Shri B.N. Jaipurkar, counsel. for the R-2.

        CORAM : A. S. CHANDURKAR AND N. B. SURYAWANSHI, JJ.

DATED : 28TH JANUARY,2021.

As per the judgment dated 07.03.2019 passed in Writ Petition No.6997/2018, the aspect of granting approval to the corrected staffing pattern was to be considered by the Education Officer (Primary). It was observed that in view of the Circular dated 24.04.2017 such power was given to the Education Officer. Hence, the writ petition was disposed of by directing the Education Officer (Primary) and if necessary the Director of Education (Primary) to decide the proposal moved by the petitioner.

It is submitted by the learned counsel for the petitioner that on 09.10.2020, the Education Officer (Primary) forwarded the proposal to the Director of Education (Primary). Thereafter on 06.11.2020, the Director of Education (Primary) forwarded that matter to the Ministry of Education, Mantralaya on the ground that modification of the staffing pattern was a policy matter of the State.

2 CP36-20.odt

Considering the directions issued in the writ petition, it was for the Education Officer (Primary) to have decided the said proposal in view of Circular dated 24.04.2017. We grant time of two weeks by way of last chance to the respondents to file reply, failing which the Court would proceed further in the contempt petition.

            (N. B. SURYAWANSHI, J.)           (A. S. CHANDURKAR, J.)


APTE

Rohit            Digitally signed by
                 Rohit Apte

Apte             Date: 2021.01.28
                 16:32:32 +0530