Rajendra Gatlu Badhe And Anr vs The State Of Maharashtra, Secretary ...
2024 Latest Caselaw 23025 Bom

Bombay High Court

Rajendra Gatlu Badhe And Anr vs The State Of Maharashtra, Secretary ... on 7 August, 2024

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

     2024:BHC-AS:31481-DB


                     KVM




                                                               1/3
                                                                                  22 - WP 456 OF 2024.doc




        Digitally
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        signed by
        KANCHAN
KANCHAN VINOD                                CIVIL APPELLATE JURISDICTION
VINOD   MAYEKAR
MAYEKAR Date:
        2024.08.07
        18:52:05
                                             WRIT PETITION NO. 456 OF 2024
        +0530

                     Rajendra Gatlu Badhe & Anr.                            ..... Petitioners
                               VERSUS
                     State of Maharashtra & Ors.                            ..... Respondents

Mr. Vaibhav D. Kadam a/w. Mr.Shreenath Badade, Mr.Kalpesh Karkera for the Petitioners.

Mrs. Reena A. Salunkhe, A.G.P. for the State - Respondent Nos. 1 to 4.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ

DATE : 7th AUGUST, 2024

P.C. :-

Heard.

2. The challenge raised in this writ petition is to the show

cause notices dated 3rd June 2022, 9th March 2023 and 20th

September 2023 issued by the Education Officer (Primary) Zilla

Parishad, Thane. Perusal of the show cause notice dated 20 th

September, 2023 indicates that it has been issued pursuant to the

directions issued in Public Interest Litigation No. 18 of 2012

KVM

22 - WP 456 OF 2024.doc

(Brijmohan Dhirajprasad Mishra vs. The State of Maharashtra &

Ors.) at the Aurangabad Bench vide order dated 25 th September,

2018. The petitioners replied to the aforesaid show cause notice

on 27th September, 2023. It is submitted that even the earlier

show cause notices have been replied.

3. One of the contention urged by the learned counsel for the

petitioners is that in paragraph (14) of the order passed in

Brijmohan Dhirajprasad Mishra (supra), it has been observed

that action against the erring institutions should not be taken as

a matter of policy but after considering the facts of each case. It

is the contention of the petitioners that ignoring this aspect, the

show cause notices have been issued. These show cause notices

are not yet adjudicated.

4. In the aforesaid facts, the following order would serve ends

of justice :-

(a) The Education Officer (Primary) shall hear

the petitioners on the show cause notices issued

KVM

22 - WP 456 OF 2024.doc

by taking into consideration their reply. He shall

also take into consideration the judgment in case

of Brijmohan Dhirajprasad Mishra (supra) and

specially paragraph (14) thereof.

(b) The decision on the show cause notices be

taken within a period of eight weeks on receiving

copy of this order.

(c) The decision taken be communicated to the

petitioners. In case any adverse order is passed,

the same shall not be acted upon for a period of

two weeks from service of such order.

(d) Keeping all points on merits open, the writ

petition is disposed of.

5. The parties to act on the authenticated copy of this order.

6. The petitioners to serve a copy of this order on the

Education Officer (Primary).

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]