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2018 Supreme(Bom) 1797

B.R.GAVAI, M.S.KARNIK
Tejaswini Netaji Yadav – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
C.G. Patil, Adv., M.G. Bagkar, Adv., V.M. Mali, Adv.

JUDGMENT :

B.R. Gavai, J.

Rule. Rule is made returnable forthwith. Heard by consent of parties.

2. By way of the above Petition, the Petitioner who is a teacher has approached this Court being aggrieved by refusal by the Respondent - Education Officer to grant approval to the appointment of the Petitioner. The Petitioner has not been granted approval on the ground that in view of Government Resolution dated 02/05/2012, there was a ban on recruitment of teachers and as such, appointments made by the management are illegal.

3. Mr. Mali, learned AGP appearing on behalf of Respondent Nos. 1 and 2, has vehemently opposed the Petition.

4. The issue is no more res integra. The Division Bench of this Court while deciding Writ Petition No.8587 of 2016 with connected Writ Petitions vide its judgment dated 10th July, 2017 has observed in para 7 as under:

"7. In that view of the matter, we find that in view of subsequent GRs and in view of the view taken by Division Bench of this Court, the ban would not be applicable to three categories, one where the recruitment process is already commenced prior to GR dated 2nd May, 2012, second, in so far as the appointment made for the subjects of English, Math



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