Manoj S/O Janrao Nehare And Others vs State Of Maharashtra Through ...
2021 Latest Caselaw 8546 Bom

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

                        CIVIL WRIT PETITION NO. 2236                              OF        2021

                                          Manoj Janrao Nehare and ors.
                                                      -Vs-
                                          State of Maharashtra and ors.

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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr.Amit D.Bhate, counsel for the petitioners.
                                       Ms.K.S.Joshi, G.P. for respondent Nos.1 to 3.

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

                                                DATE             : 28.06.2021.

                                 1.              Hearing           was        conducted            through            video

conferencing and the learned counsel agreed that the audio and video quality was proper.

2. Leave to correct the cause title by correcting name of respondent no.3 is granted.

3. Amendment be carried out forthwith.

4. Heard learned counsel appearing for the petitioners. The contentions of the petitioners are two fold. Firstly, the approvals already granted to the appointment of the petitioners as Assistant Teachers could not have been withdrawn by the Education Officer without giving any opportunity of hearing to the petitioners and secondly, there is no power vested in the Education Officer to withdraw the approval granted by him as such withdrawal amounts to review of the own

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14-wp 2236-21.odt

order passed by him, which is not permissible in law. Reliance has been placed upon the view taken in this regard in catena of judgments delivered by this Court, one of which is in Pawar Ganesh Balkrishna Vs. State of Maharashtra and ors. Delivered in WP No.8865 of 2014 delivered on 13th February 2018.

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

6. Learned GP waives service of notice for respondent Nos.1 to 3.

7. Meanwhile, having found prima facie substance in the submissions of the learned counsel for the petitioners, there shall be ad-interim relief in terms of prayer clause (iii) until further orders.

                              JUDGE                               JUDGE




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