Akash Dilip Kale vs The State Of Maharashtra And ...
2021 Latest Caselaw 12361 Bom

                                                             921-wp-1115-2020.odt



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                     921 WRIT PETITION NO.1115 OF 2020

                             AKASH DILIP KALE
                                  VERSUS
               THE STATE OF MAHARASHTRA AND OTHERS
                                      ...

Advocate for Petitioner : Mr. Dighe Vithal H. AGP for Respondent Nos.1 & 2 : Mr. P.S. Patil Advocate for Respondent No.3 : Mr. S.S. Wagh ...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J.

DATED : 01st SEPTEMBER, 2021

PER COURT :-

1. We have considered the submissions of the learned

advocate for the petitioner and Shri Wagh on behalf of respondent no.3.

The learned AGP has strenuously opposed this petition.

2. Considering the view taken by this Court in the judgment

dated 11.08.2021 delivered in Writ Petition No.4219 of 2018 fled by Smt.

Yogita w/o Shivsing Nikam Vs. The State of Maharashtra and Others and

Writ Petition No.163 of 2020 fled by Sachin Shivajirao Suryawanshi Vs.

The State of Maharashtra and Others, we are of the view that the

Education Ofcer could not have refused the approval to the appointment

of the petitioner which is made on compassionate basis, on the grounds

that there was a ban on recruitment by Government Resolutions dated

12.05.2015 and 18.05.2015 and that the non-teaching stafng pattern was

not formalized.

921-wp-1115-2020.odt

3. The learned advocate for the petitioner submits that the

impugned order should be set aside and the Education Ofcer could be

directed to reconsider the proposal of the petitioner for approval, in the

light of the judgment dated 11.08.2021.

4. In view of the above, this petition is partly allowed. The

impugned order dated 22.03.2018 is quashed and set aside.

5. The proposal of the petitioner dated 20.02.2018 forwarded

by the management, is restored to the fle of respondent no.2. We direct

respondent no.2 to carefully peruse and understand the judgment dated

11.08.2021 and thereafter pass an appropriate reasoned order on the

said proposal.

  (S.G. MEHARE. J)                         (RAVINDRA V. GHUGE, J)




Mujaheed//