Remanded

Miss Archana Appaji Jadhav v. the State of Maharashtra through Secretary and Ors.

Bombay HC25 Apr 2016WP/2669/2016

Case brief

AI extract

What is this about?

This judgment sets aside a non-speaking order passed mechanically by the Education Officer, Zilla Parishad, for failing to apply mind to facts. The court directed the authority to pass a reasoned order after granting an individual hearing to each petitioner within three months.

What did the court decide?

Impugned order set aside; authority directed to pass reasoned order after individual hearing within three months.

Miss Archana Appaji Jadhav Vs the State of… — Education and Admissions | Bombay HC (2016)

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7WP26692016.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2669 OF 2016

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Miss Archana A. Jadhav Versus		..Petitioner
State of Maharashtra
Through Secretary & Ors.		..Respondents.
	WITH
WRIT PETIT	ION NO.2208	OF 2016
Shri Ganesh S. Bidave		..Petitioner
Versus
State of Maharashtra
Through Secretary & Ors.		..Respondents.
	WITH
WRIT PETIT	ION NO.2213	OF 2016
Shri Gulab J. Katkar		..Petitioner.
Versus
State of Maharashtra
Through Secretary & Ors.		..Respondents.
	WITH
WRIT PETIT	ION NO.2214	OF 2016
Shri Shankar S. Kalel		..Petitioner
Versus
State of Maharashtra
Through Secretary & Ors. *Shivgan*		..Respondents. *1/10*

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7WP26692016.doc

¶5

WITH WRIT PETITION NO.2244 OF 2016

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Shri Nilesh S. Mane ..Petitioner.
Versus
State of Maharashtra Through Secretary & Ors. ..Respondents.
WITH WRIT PETITION NO.2670 OF 2016
Mrs. Shivanee P. Deshpande ...Petitioner
Versus
State of Maharashtra Through Secretary & Ors. ..Respondents.
WITH WRIT PETITION NO.2947 OF 2016
Shri Narayan V. Shinde ...Petitioner
Versus
State of Maharashtra Through Secretary & Ors. ..Respondents.
WITH
WRIT PETITION NO.2948 OF 2016
Shri Satish P. Gurav ...Petitioner
Versus State of Maharashtra
Through Secretary & Ors. ..Respondents. *Shivgan* *2/10*

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7WP26692016.doc

¶8

WITH WRIT PETITION NO.2949 OF 2016

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Kum. Deepali S. Patil ...Petitioner
Versus
State of Maharashtra
Through Secretary & Ors. ..Respondents.
WITH
WRIT PETITION NO.2950 OF 2016
Anupama I. Yallappagoudra ...Petitioner
Versus
State of Maharashtra
Through Secretary & Ors. ..Respondents.
WITH
WRIT PETITION NO.2951 OF 2016
Shri Jotiba G. Joshi ...Petitioner
Versus
State of Maharashtra
Through Secretary & Ors. ..Respondents.
WITH
WRIT PETITION NO.2952 OF 2016
Kum. Asharani J. Pawar ...Petitioner
Versus
State of Maharashtra
Through Secretary & Ors. ..Respondents.

3/10

Shivgan

7WP26692016.doc

WITH WRIT PETITION NO.2953 OF 2016
Shri Milind G. Kumbhar ...Petitioner
Versus State of Maharashtra Through Secretary & Ors. ..Respondents.
WITH
WRIT PETITION NO.2954 OF 2016
Shri Laxman A. Lavate ..Petitioner
Versus
State of Maharashtra Through Secretary & Ors. ..Respondents.
WITH WRIT PETITION NO.2955 OF 2016
Shri Naresh Bhise ...Petitioner
Versus
State of Maharashtra Through Secretary & Ors. ..Respondents.
WITH WRIT PETITION NO.2956 OF 2016
Shri Nivas S. Mane ...Petitioner
Versus
State of Maharashtra Through Secretary & Ors. ..Respondents.
*Shivgan* *4/10*

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7WP26692016.doc

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WITH WRIT PETITION NO.2957 OF 2016
Shri Rajiv S. Kadam ...Petitioner
Versus State of Maharashtra Through Secretary & Ors. ..Respondents.
WITH WRIT PETITION NO.2958 OF 2016
Shri Sakharam E. Kolekar ...Petitioner
Versus
State of Maharashtra Through Secretary & Ors. ..Respondents.
WITH WRIT PETITION NO.2959 OF 2016
Shri Gorakhnath V. Ghuge ..Petitioner
Versus
State of Maharashtra Through Secretary & Ors. ..Respondents.
WITH WRIT PETITION NO.2960 OF 2016
Shri Shamrao B. Naikwade ..Petitioner
Versus
State of Maharashtra Through Secretary & Ors. ..Respondents.
*Shivgan* *5/10*

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7WP26692016.doc

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WITH

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WRIT PETITION NO.2961 OF 2016

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Smt. Vaishali T. Shinde ..Petitioner Versus State of Maharashtra Through Secretary & Ors. ..Respondents. WITH WRIT PETITION NO.2962 OF 2016 Shri Rajaram P. Salunkhe ...Petitioner Versus State of Maharashtra Through Secretary & Ors. ..Respondents. WITH WRIT PETITION NO.3281 OF 2016 Shri Arjun S. Thombare ...Petitioner Versus State of Maharashtra Through Secretary & Ors. ..Respondents. WITH WRIT PETITION NO.3289 OF 2016 Mrs. Anuradha M. Patil ..Petitioner Versus State of Maharashtra Through Secretary & Ors. ..Respondents.

6/10

Shivgan

7WP26692016.doc

WITH WRIT PETITION NO.3290 OF 2016
Shri Santosh S. Patil ...Petitioner
Versus State of Maharashtra Through Secretary & Ors. ..Respondents.
WITH
WRIT PETITION NO.3291 OF 2016
Mrs. Sangita V. Patil ...Petitioner
Versus
State of Maharashtra Through Secretary & Ors. ..Respondents.
WITH WRIT PETITION NO.3292 OF 2016
Ms. Ujwala R. Gaikwad ..Petitioner.
Versus
State of Maharashtra Through Secretary & Ors. ..Respondents.
WITH WRIT PETITION NO.3293 OF 2016
Mrs. Archana P. Dhavalikar ..Petitioner
Versus
State of Maharashtra Through Secretary & Ors. ..Respondents.
*Shivgan* *7/10*

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7WP26692016.doc

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WITH

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WRIT PETITION NO.3294 OF 2016
Ms. Suvarna N. Jadhav ..Petitioner
Versus State of Maharashtra
Through Secretary & Ors. ..Respondents.
WITH WRIT PETITION NO.3295 OF 2016
Shri Narayan G. Bhosale ..Petitioner
Versus
State of Maharashtra Through Secretary & Ors. ..Respondents.
WITH WRIT PETITION NO.3300 OF 2016
Shri Jaydip S. Patil ...Petitioner
Versus
State of Maharashtra Through Secretary & Ors. ..Respondents.
WITH WRIT PETITION NO.3439 OF 2016
Ms. Sunita B. Zambare ..Petitioner
Versus State of Maharashtra
Through Secretary & Ors. ..Respondents. *Shivgan* *8/10*

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7WP26692016.doc

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Mr. N.V.Bandivadekar with Mr. Madhav G. Bagkar and Mr. Mr.Sagar A. Mane , Advocates for the Petitioner. Mr. Vikas Mali , AGP for the State.

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Coram : SHANTANU KEMKAR & RANJIT MORE, JJ. Date : 25^th APRIL, 2016.

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P. C. :

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Parties through their counsel.

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2 Rule. Rule made returnable forthwith. With consent of the parties, the matter is taken up for final hearing forthwith.

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3 Having heard learned counsel for the parties and having gone through the impugned order dated 22.1.2016 passed by the Education Officer, (Secondary) Zilla Parishad, Sangli, we find that the said authority has not applied its mind to the facts of case of each of the Petitioners and has passed the impugned order mechanically. The order also appears to be non-speaking order.

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4 Having regard to the aforesaid, we are inclined to dispose of these petitions by setting aside the impugned order and by directing the said authority to pass reasoned order afresh after giving an opportunity of hearing to all the Petitioners individually in each case. The authority is expected to deal with all the grounds as may be raised by the Petitioners.

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5 Petitioners to appear before the said authority on

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Shivgan 9/10

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7WP26692016.doc

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5.5.2016. After hearing Petitioner in every case, the authority is expected to pass speaking order within three months from the date of receipt of the copy of this order.

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C.C. as per Rules.

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[RANJIT MORE, J.]

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[SHANTANU KEMKAR, J.]

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10/10

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Shivgan

Miss Archana Appaji Jadhav v. the State of Maharashtra through Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Miss Archana Appaji Jadhav v. the State of Maharashtra through Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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