D.T.Ed., B.Ed. Students Thru ... vs The State Of Maharashtra Thru ...
2021 Latest Caselaw 16291 Bom

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                                                                                           17-wp-3258.21.doc

           Digitally signed
           by BIPIN
           DHARMENDER
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
BIPIN      PRITHIANI
DHARMENDER
PRITHIANI  Date:
           2021.11.25
           11:42:51
           +0530


                                              WRIT PETITION NO. 3258 OF 2021

                              D.T.Ed, B.Ed. Students through
                              President Shri Santosh A. Magar                         ... Petitioners
                                    Versus
                              The State of Maharashtra                                ... Respondent

                                                               ******
                              Mr. S. A. Rajeshirke for the Petitioners.
                              Ms. Sushma S. Bhende, AGP for the State-Respondent.
                                                               ******
                                                                CORAM: R. D. DHANUKA AND
                                                                       ABHAY AHUJA, JJ.

                                                                DATE      : 24th NOVEMBER, 2021.
                              P.C. :-

                              .     The grievance of the petitioners' association is that though by

Government Resolution dated 17th May, 2017, the State Government had withdrawn permission to Day School teachers to work in Night School and the validity of the said Government Resolution is upheld by the judgment of this Court in Writ Petition No. 5989 of 2017 and Writ Petition (L) No. 1541 of 2017, which judgment was upheld by the Hon'ble Supreme Court on 17th April, 2018, the State Government is still continuing to appoint teachers in the Night School on temporary basis thereby affecting the studies of large number of students. It is the case of the petitioners that teachers shall be appointed on permanent basis in the Night School.

2. Ms. Bhende, learned AGP seeks time to take instruction and to file affidavit within four weeks from today. As and by way of last bdp

17-wp-3258.21.doc

indulgence, respondents are granted four weeks' time to file affidavit- in-reply with a copy to be served upon the petitioners' advocate simultaneously. Rejoinder, if any shall be filed within one week thereafter with a copy to be served upon the respondents' advocate simultaneously.

3. In the meanwhile, in view of the serious allegations made by the petitioners that contrary to the Government Resolution dated 17 th May, 2017, the Night Schools are appointing the teachers and staff on temporary basis, the Director of Education shall look into these allegations seriously and to assess the situation in the Night Schools and shall indicate in the affidavit about the correctness of the allegations made by the petitioners in this petition. If it is found that the Night Schools are appointing the teachers and staff on temporary basis and not complying with the Government Resolution issued by the State Government, an appropriate action in that regard shall be taken before the next date. The action that would be taken by the State Government, shall also indicate in the affidavit-in-reply.

4. Place the matter on board for admission on 5th January, 2022.

5. If there are any other connected matters, parties are at liberty to furnish the list of such matters to the Sheristedar of this Court to include those matters also on board on the next date. If the said list is furnished within one week from today, those matters also shall be placed on board on the assigned date.

      [ABHAY AHUJA, J.]                          [R. D. DHANUKA, J.]