Petitioner challenged declaration as surplus teacher and sought interim relief. Court held that statutory appeal lies under Government policy. Appeal remedy kept open.
Petitioner allowed liberty to avail statutory appeal; writ petition disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp1165316.odt
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.11653 OF 2016
Shaikh VahidPasha Chandpasha
Petitioner
Versus
The State of Maharashtra & others
Respondents
Mr.D.S.Mali, advocate for the petitioner Mr.A.B.Girase, Government Pleader for Respondents No.1 to 5.
CORAM : R.M.BORDE &
SANGITRAO S. PATIL, JJ. DATE : 23rd December, 2016
PER COURT:
It is informed that the Education Officer has taken a decision on the representation tendered by the petitioner as regards the orders issued for declaring him as surplus teacher. The representation has been turned down by the Education Officer by his order dated 17.12.2016.
It has been pointed out that in view of sub clause (6) of the Circular issued by the State Government on 22.12.2016, remedy of an appeal has been provided for challenging the orders issued by the Education Officer in the matters relating to seniority and declaration of the teachers as surplus.
Petitioner can avail the liberty to avail of the remedy as provided under the Government policy.
Keeping open an option to the petitioner to avail of alternate remedy provided under the Government policy, writ petition stands disposed of.
( SANGITRAO S. PATIL) (R.M.BORDE) JUDGE JUDGE
adb/wp1165316
1 issue framed by the court
Whether the petitioner is entitled to interim relief before availing the statutory appeal against declaration as surplus teacher.
Shaikh Vahid Pasha Chandpasha
The State of Maharashtra
R.M. Borde
Sangitrao S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
