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2023 Supreme(Bom) 767

G. S. PATEL, NEELA GOKHALE
Rachana Tushar Patil – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
NV Bandiwadekar, Advocate, Vinayak Kumbhar, Advocate, Bandiwadekar, Advocate, PN Diwan, Advocate, Sagar Ghogr, Advocate, Anita Patil, Advocate, Sandeep Ghogare, Advocate

JUDGMENT

Neela Gokhale, J. - Rule. The Respondents have filed their Affidavits in Reply. By consent, Rule made returnable forthwith.

2. The 1st Respondent is the Education Department of the State of Maharashtra and the 2nd Respondent is the Education Officer of the Western Region. The 3rd Respondent is the Institution that runs the 4th Respondent school.

3. The Petitioner assails an order dated 17th July 2018 issued by the 2nd Respondent, the Education Inspector, Greater Mumbai, Western Region, refusing approval to the appointment of the Petitioner as 'Shikshan Sevak' in the 4th Respondent school. She has also sought a direction to the 2nd Respondent to grant further approval as Full Time Assistant Teacher in the related pay scale with effect from 16th June 2017 and to release grant-in-aid for monthly honorarium for three years and thereafter monthly salary in pay scale, together with arrears.

4. Respondents No. 1 and 2 have contested the Petitioner's claim primarily on the ground that the post has been filled without there being a vacancy in the OBC category. Additionally, the State has also pointed out various deficiencies in the proposal submitted by the Management for approval of h

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