Abhay Tumdeo Nakade And Another vs State Of Maha., Thr. Secy. To The ...
2022 Latest Caselaw 359 Bom

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

                         CIVIL WRIT PETITION NO. 118 OF                                    2022

                              Abhay Tumdeo Nakade and anr
                                           . -Vs-
 State of Maharashtra, through Secretary to the Govt. of Maharashtra School Education and
                                Sports Department 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. A.M.Sudame, counsel for the petitioners.
                                       Mr. S.S.Jachak, A.G.P for respondent Nos.1 to 3.



                                               CORAM : SUNIL B.SHUKRE &
                                                       ANIL L. PANSARE, JJ.

                                                DATE             : 10.01.2022.



                                  1.            Heard.

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

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

4. In view of the submission that the order itself shows that there was backlog of eight vacancies in OBC category and five vacancies were available in open category, it could not be said that, petitioner No.1 who was appointed from OBC category for teaching English subject and petitioner No.2 who was appointed from open category for Mathematics subject was inconsistent with the GR dated 24.08.2018, which follows in letter

Kavita 7-wp 118-22.odt

and spirit of the directions issued by co-ordinate Bench of this Court in it's judgment dated 10.07.2017, delivered in Writ Petition No.8587 of 2016, there shall be interim stay to the effect and operation of the impugned order till further orders.

(ANIL L.PANSARE, J) (SUNIL B. SHUKRE,J)

Signed By:KAVITA PRAVIN TAYADE P. A.

Signing Date:10.01.2022 16:32

Kavita