- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 4630 OF 2009 Umesh Pandurang More ..Petitioner Vs. The Secretary to the Government, School Education Department & Ors. ..Respondents Mr. G. M. Savagave, for the Petitioner. Mr. C. R. Sonawane, AGP for the Respondent Nos. 1 to 3. Mr. A. M. Joshi, for Respondent No.6. CORAM : D. D. SINHA & A. A. SAYED , JJ. DATED : JANUARY 18, 2010. P.C. : 1. Heard the learned counsel for the petitioner, respondent No. 6 and the learned AGP for respondent No. 1 to 3. The counsel for the petitioner seeks oral leave to delete the name of respondent No. 6 from the array of the petition. The reuqest being of a formal nature, the same is granted at the risk of the petitioner. Appropriate deletion of the name of respondent No. 6 be carried out forthwith. - 2 - 2. The counsel for the petitioner submitted that the petitioner was appointed as an Assistant Teacher vide order 16th June 2001 by respondent No.4 Management after following due procedure applicable in this regard. It is further contended that though the proposal of the petitioner for grant of approval was submitted by the respondent Management to the Education Officer, (Secondary Education), Zilla Parishad Sangli, however, the same was kept pending by the said Education Officer for a long time and vide an order dated 4th October 2008 rejected the same, on the ground that the post on which the petitioner was selected and appointed was at the relevant time reserved for reserved category candidate and the petitioner was an open category candidate. 3. Be that as it may, considering the cause of action involved in the present petition, in our view it will be appropriate for the petitioner to make a representation to the said Education Officer against the impugned order dated 4th October 2008 passed by the said Education Officer within a period of 4 weeks from today. If such a representation is made we direct the said Education Officer to decide the same within a period of 8 weeks thereafter by following the principles of natural - 3 - justice. It is made clear that the impugned order dated 4th October 2008 shall not come in the way of considering the representation of the petitioner against the said order. It is also made clear that this Court has not observed anything on merits so far as the issue of grant of approval is concerned and it is for the Education Officer to consider the issue in accordance with the law and procedure applicable in this regard by following the principles of natural justice. The writ petition is accordingly disposed of in above terms. Sd/- [D. D. SINHA, J.] Sd/- [ A. A. SAYED, J.]