Bombay High Court

Ashok Nilkanth Dhale vs The State Of Maharashtra And ... on 8 June, 2016

Bench: S.S. Shinde

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                    
                      BENCH AT AURANGABAD




                                            
                     WRIT PETITION NO.11535 OF 2015

    Ashok S/O. Nilkanth Dhale,
    Age 25 years, Occ. Service, 
    R/o. Murud, Tq. and Dist. Latur             ..Petitioner




                                           
                  Vs.

    1] The State of Maharashtra,




                                   
       Through its Principal Secretary,
       School Education Department,   
       Mantralaya, Mumbai - 32
                              
    2] The Deputy Director of Education,
                             
       Latur Division, Latur

    3] The Education Officer (Primary),
       Zilla Parishad, Latur
      

    4] The Rural Education Society, Murud,
       Tq. and Dist. Latur,
   



       Through its Secretary

    5] The Head Mistress,
       Janta Vidyamandir Primary School,





       Murud, Tq. and Dist. Latur        ..Respondents

                             --
    Mr.R.D.Biradar, Advocate for petitioner





    Mr.V.H.Dighe, AGP for respondent nos.1 and 2

    Mr.D.S.Mali, Advocate for respondent no.3

    Mr.N.B.Ghute, Advocate for respondent nos.4 and 5
                             --




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                                     CORAM :  S.S. SHINDE AND




                                                                            
                                              SANGITRAO S. PATIL, JJ.

DATE : JUNE 08, 2016

ORAL JUDGMENT (Per S.S. Shinde, J.):

Heard.

2] Rule. Rule made returnable forthwith. By

consent of the learned Counsel appearing for the

parties, the petition is heard finally.

3] This petition is filed seeking direction to

the respondent/authorities to grant approval to

the proposal for appointment of the petitioner as

Teacher from 21.08.2013 in respondent no.5 -

School and to release the arrears of salary of the

petitioner.

4] During pendency of the petition, the proposal

for approval to the appointment of the petitioner

has been rejected by respondent no.3 - Education

Officer (Primary), Zilla Parishad, Latur on the

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ground that in view of the Government Resolution

dated 02.05.2012 issued by the School Education

Department unless all the surplus teachers are

absorbed, no approval can be granted to the fresh

appointments. The petitioner has amended the

petition and also challenged the said

communication issued by the Education Officer. To

that effect, the petitioner has incorporated

prayer clause (BB).

5] It appears that the respondent - Management

published an advertisement in 'Daily Punyanagari'

on 28.07.2013 thereby inviting applications for

four vacant posts of teachers.

6] It is submitted by the learned Counsel

appearing for the petitioner that the petitioner

applied for the post of teacher from NT-C

category. After following the due procedure, the

petitioner was selected for the said post and

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appointment letter was issued on 21.08.2013.

Respondent no.5 forwarded the proposal to

respondent no.3 on 05.12.2013 for approval to the

appointment of the petitioner as Teacher from NT-C

reserved category. Thereafter, a reminder was also

sent by respondent no.5. However, the proposal was

kept pending by respondent no.3. During pendency

of this petition, the said proposal has been

rejected.

7] According to the learned Counsel for the

petitioner, in view of the Government Resolution

dated 13.04.2011 issued by the General

Administration Department, Government of

Maharashtra, as a special case, the concerned

institutions were allowed to appoint the

candidates from the reserved category so as to

fill in the backlog. It is further submitted that

all the departments of the Government of

Maharashtra were instructed accordingly. The

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learned Counsel also invites our attention to the

subsequent Government Resolution issued on

21.08.2013 by the General Administration

Department, Government of Maharashtra and submits

that by issuing the said Government Resolution,

further time was extended till 31.03.2013 for

appointments of the candidates from the reserved

category, as a special case. Therefore, in view

of the decision taken by the Government of

Maharashtra, as reflected in the aforementioned

Government Resolution, respondent no.3 - Education

Officer ought to have granted approval to the

appointment of the petitioner as a Teacher.

However, the Education Officer has rejected the

same on the ground that unless surplus teachers

are absorbed, no approval can be granted.

Therefore, he submits that the petition may be

allowed.

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    8]     On   the   other   hand,   the   learned   Counsel

appearing for respondent no.3, relying on the

averments in the affidavit-in-reply and the

contents of the impugned letter, submits that the

petition may be rejected. The learned AGP

appearing for respondents - State also adopts the

arguments advanced by the learned Counsel

appearing for respondent no.3.

9] We have given careful consideration to the

submissions advanced by the learned Counsel

appearing for the petitioner, learned AGP for

respondent nos.1 and 2 - State, the learned

Counsel appearing for respondent no.3 and the

learned Counsel appearing for respondent nos.4 and

5. With their able assistance, perused the

pleadings in the petition and annexures thereof.

Clauses 1 and 2 of the Government Resolution dated

13.04.2011 issued by the General Administration

Department, Government of Maharashtra, reads

thus :-

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                            "१)    गट-अ व गट-ब        संवगातील पदामधील मागासवगीयाचा अनुशेष

भरणयाची िवशेष मोहीम सुर करणयात यावी.

२) गट-क व गट-ड संवगातील पदामधील मागासवगीयाचा अनुशेष भरणयाची पदभरतीची izfØ;k सुर करणयाकिरता िवत िवभागाचया िदनाक

२९.११.२०१० चया शासन िनणरयाचया आधीन राहून िवशेष मोहीम करणयात यावी."

Thereafter, by issuing another Government

Resolution dated 21.08.2013, time to appoint the

candidates from the reserved category, so as to

fill in the backlog, has been extended till

31.03.2013.

10] In the present case, the petitioner is

appointed as Teacher on 21.08.2013. There is no

contest on the part of the respondents to the

statement made in the petition that the petitioner