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2022 Supreme(Bom) 2103

MANGESH S. PATIL, SANDEEP V. MARNE
Shrimant – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Sambhaji G.Munde, Advocate, S.B.Yawalkar, Advocate, K.B.Jadhavar, Advocate, Shambhuraje V.Deshmukh, Advocate

JUDGMENT

MANGESH S.PATIL, J. - Heard. Rule. Rule is made returnable forthwith.

2. Learned AGP waives service for respondents nos. 1 to 4. Mr. Jadhavar waives for respondents nos. 5 and 6 and Mr. S.V. Deshmukh waives service for respondent no. 7. At the joint request of the parties, the matter is heard finally at the stage of admission.

3. The petitioner is seeking approval to his appointment as a teacher by the respondent no. 8 - management of the school of which the respondent no. 7 is the headmaster.

4. The learned advocate for the petitioner Mr. Munde would submit that the petitioner was duly appointed on the post of Shikshan Sevek from N.T. category pursuant to a public advertisement dtd. 7/4/2010 by the order dtd. 16/4/2010. His appointment with effect from 16/4/2010 to 15/4/2013 was also approved by the respondent no. 6 - Education Officer. Without sufficient reason, the respondent no. 4 by the impugned order has cancelled the approval for untenable reasons. The law does not require any no objection of the Education Department before undertaking a recruitment process. There was a public advertisement issued in daily 'Vaidyanath Varta''. Since the recruitment was to fill in the

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