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[Cites 1, Cited by 10]

Bombay High Court

Nilesh Namdev Patil-Gurav vs The State Of Maharashtra Through Prin. ... on 20 October, 2021

Author: Abhay Ahuja

Bench: R.D.Dhanuka, Abhay Ahuja

                                                                9.6905.21-wp+.odt


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BASAVRAJ                           CIVIL APPELLATE JURISDICTION
GURAPPA
PATIL
Digitally signed by
                                          WRIT PETITION NO.6905/2021
BASAVRAJ GURAPPA
PATIL
Date: 2021.10.22
10:53:16 +0530
                      Nilesh Namdev Patil - Gurav              ..... Petitioner

                             Vs.

                      State of Maharashtra & Ors.              ..... Respondents

                                          WRIT PETITION NO.6906/2021

                      Vikram Prabhakar Jadhav                  ..... Petitioner

                             Vs.

                      State of Maharashtra & Ors.              ..... Respondents

                                          WRIT PETITION NO.6907/2021

                      Rohit Sambhaji Kamat                     ..... Petitioner

                             Vs.

                      State of Maharashtra & Ors.              ..... Respondents

                                          WRIT PETITION NO.6908/2021

                      Sandip Pandit Patil                      ..... Petitioner

                             Vs.

                      State of Maharashtra & Ors.              ..... Respondents

                                          WRIT PETITION NO.6909/2021

                      Suresh Balaso Khot                       ..... Petitioner

                             Vs.

                      State of Maharashtra & Ors.              ..... Respondents




                      Basavraj G. Patil                                             1/4
                                           9.6905.21-wp+.odt


                    WRIT PETITION NO.6910/2021

Seema Sujit Patil                        ..... Petitioner

       Vs.

State of Maharashtra & Ors.              ..... Respondents

                    WRIT PETITION NO.6911/2021

Suraj Krishnat Bidkar                    ..... Petitioner

       Vs.

State of Maharashtra & Ors.              ..... Respondents

                    WRIT PETITION NO.6912/2021

Chaitanya Maruti Patil                   ..... Petitioner

       Vs.

State of Maharashtra & Ors.              ..... Respondents


Mr. Chetan G. Patil for the Petitioners
Mrs. P.J.Gavhane, AGP with Ms. K.N.Solunke, AGP, Mrs. S. S.
Bhende, AGP, Mr. N. C. Walimbe, AGP for the State


                           CORAM:    R.D.DHANUKA &
                                     ABHAY AHUJA, JJ.

DATED : OCTOBER 20, 2021 P.C. 1 Mr.Patil, the learned counsel for the Petitioners, on instructions, seeks liberty to delete Respondent Nos. 4 and

5. 2 Leave to amend is granted. Amendment shall be carried out forthwith. Re-verification is dispensed with.

Basavraj G. Patil 2/4

9.6905.21-wp+.odt 3 Rule.

By consent of the parties, taken up for final disposal. The learned AGP waives service for Respondent State.

4 By these petitions under Article 226 of the Constitution of India, the Petitioners impugned the order dated 29.09.2021 passed by the Dy. Director of Education rejecting the application of the Petitioner to record the name of each of the Petitioners in the Shalarth Pranali and refused to issue Shalarth ID in favour of these Petitioners.

5 It is not in dispute that the Education Officer has already granted approval to the appointment of each of these Petitioners on the non teaching posts. In our view, the Dy. Director of Education, thus, could not have refused to enter the name of the Petitioners in the Shalarth Pranali and could not have refused to issue Shalarth ID in favour of these Petitioners. Similar view has been taken by this court in the past and also today in Writ Petition No.6897/2021 and bunch of petitions. In our view, same judgment would apply to the facts of theses cases.

6 We, accordingly, pass the following order:

a. The impugned order dated 29.09.2021 passed by Respondent No.2 - Dy. Director of Education is quashed and set aside.
b. The Dy. Director of Education is directed to enter Basavraj G. Patil 3/4 9.6905.21-wp+.odt the name of each of the Petitioners in Shalarth Pranali and issue Shalarth ID in favour of the Petitioner within four weeks from today.

c. The Writ Petitions are allowed in terms of prayer clauses (a) and (b) and stand disposed of.

d. Rule is made absolute accordingly.

e. Parties to act on an authenticated copy of this order.

(ABHAY AHUJA, J.) (R.D.DHANUKA, J.) Basavraj G. Patil 4/4