Jaya Pralhadrao Dhakite vs The Presiding Officer, School ...
2021 Latest Caselaw 7968 Bom

                                          1/3                         42-WP 1948.2021

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

                    WRIT PETITION NO. 1948 OF 2021
                            Ku. Jaya Pralhadrao Dhakite
                                            vs.
         The Presiding Officer, School Tribunal, Amravati and others
-----------------------------------------------------------------------------------------

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

-----------------------------------------------------------------------------------------

Mr. R. S. Parsodkar, Advocate for petitioner. Ms. T. H. Khan, AGP for respondent No.1/State.

                                         CORAM       :      MANISH PITALE J.
                                         DATE        :      16th JUNE, 2021

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2. Heard Mr. Parsodkar, learned counsel for the petitioner.

3. In this petition notice was issued on 13/05/2021. The respondents have been served and they are represented through counsel.

KOLHE

2/3 42-WP 1948.2021

4. When the petition was called out for hearing, the learned counsel for the petitioner brought to the notice of this Court that the Tribunal has committed a grave error in holding against the petitioner, when her initial appointment was from the Special Backward Class category (SBC) and the appointment was also approved by the Education Officer under the said category. On this basis, it is submitted that the caste validity of the petitioner being invalidated for belonging to Halba tribe is wholly immaterial and that this aspect was completely ignored by the Tribunal, while passing the impugned judgment and order.

5. It is pointed out that even during pendency of the appeal before the Tribunal there was an interim order passed in favour of the petitioner due to which she has continued in service and that therefore, urgent interim order needs to be passed in favour of the petitioner in the present case.

6. Considering the material on record, particularly, the document at Annexure - III, placed along with present writ petition, this Court is of the opinion that the petitioner has been able to make out

KOLHE

3/3 42-WP 1948.2021

a prima facie case for grant of interim relief. Accordingly, there shall be interim relief in favour of the petitioner in terms of prayer clause (2).

7. List this petition for further consideration after four weeks.

JUDGE

KOLHE