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Bombay High Court

Dr. Sunil Ramswarup Sanghai vs The Stte Of Maharashtra, Through Its ... on 1 February, 2023

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

                                                                                                 1                               929.wp.6754.19.odt

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

                                                          WRIT PETITION NO.6754/2019
                            Dr. Sunil Ramswarup Sanghai Vs. The State of Maharashtra and Ors.
                    .................................................................................................................................. .
                  Office Notes, Office Memoranda of
                  Coram, appearances, Court's orders                                                                        Court's or Judge's order
                  or directions and Registrar's orders
                  ...................................................................................................................................................
                                          Mr. B. G. Kulkarni, Advocate for Petitioner.
                                          Mr. S. M. Ghodeswar, A.G.P. for Respondent Nos.1 to 3/State.
                                          Mr. Anand Parchure, Advocate for Respondent Nos.4 and 5.

                                          CORAM : A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI,JJ..

DATED : 01.02.2023 . The question that arises for consideration is whether the State Government through executive instructions can prescribe the upper age limit for appointment of teaching staff in Secondary and Higher Secondary Schools. According to the petitioner, there is no provision in the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 as well the Rules framed thereunder.

2. The learned Assistant Government Pleader seeks to rely upon a Circular dated 25.04.2016 issued by the General Administration Department as well as the Government Resolution dated 07.02.2019 in that regard. He has also invited our attention to a decision in ST Isabels High School Vs. Education Inspector & Anr. (2019 LawSuit(Bom)172) decided at the Principal Seat on 27.09.2019.

3. Put up for further consideration on 16.02.2023.

(MRS.VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.) RGurnule Digitally signed byRANJANA MANOJ MANDADE Signing Date:01.02.2023 19:04