Bombay High Court
Prashant Ramchandra Khandale vs The State Of Maharashtra And ... on 2 May, 2016
Bench: S.S. Shinde
2381.2016WP.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.2381 OF 2016
Prashant s/o. Ramchandra Khandale,
Age 30 Years, Occ : Service
As Assistant Teacher in
Kai. Sow. Badambai Dhanraj Seth
Gandhi Vidyalaya, Tq. Newasa,
District Ahmednagar PETITIONER
VERSUS
1] The State of Maharashtra
Through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] The Education Officer [Secondary],
Zilla Parishad, Ahmednagar
3] The Secretary,
Taluka Vidya Prasarak Mandal,
Newasa Taluka Newasa
District Ahmednagar
4] The Head Master,
Kai. Sow Badambai Dhanraj Seth
Vidyalaya, Newasa, Taluka Newasa
District Ahmednagar RESPONDENTS
...
Mr. A.N.Kakade, Advocate for petitioner
Mr. V.S.Badakh, AGP for Respondent Nos.1 & 2
Mr. D.R.Markad, Advocate for Respondent Nos.3
and 4.
...
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2381.2016WP.odt
2
CORAM: S.S.SHINDE &
V.K.JADHAV,JJ.
Reserved on : 22.04.2016
Pronounced on : 02.05.2016
JUDGMENT: [Per S.S.Shinde, J.]:
1] Heard.
2] Rule.
ig Rule made returnable
forthwith, and heard finally with the consent
of the parties.
Brief facts in a nutshell leading
for filing the Petition are as under:
3] The petitioner possessed the
qualification of B.Sc., M.Sc., B.Ed. with
Math and Science as a Special subject.
Respondent no.3 trust has issued an
advertisement on 11.11.2014 in daily news
paper 'Saptahik Suvidha News' calling
applications of candidates of having
qualification of B.Sc. B.Ed.
4] The petitioner appeared before the
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Selection Committee and came to be appointed
as a Shikshan Sevak, vide appointment order
dated 1st December, 2014. The school is
running classes from 5th to 10th standard and
the petitioner has been allotted work of
teaching from 7th to 10th standard. One
Assistant Teacher namely Mr. Bhange Ashok
Sadashiv has retired from services on 30th
May, 2013, and one post was vacant, and
hence, the management has rightly issued the
advertisement in the year 2014. On
22.11.2004, the Caste Scrutiny Committee,
Divisional Social Welfare Department, Nashik
has issued a validity certificate to the
petitioner, denoting he belongs to OBC
category [Hindu Kumbhar]. On 23.10.2013, a
letter is issued by the Education Officer to
the Deputy Director of Education, Pune
Division, Pune, requesting permission to the
institutions having vacancies of teaching
staff in English / Math and Science Subject.
2381.2016WP.odt
On 24.01.2014, the Deputy Director of
Education, Pune, has recommended the proposal
of respondent no. 3 institution for filling
one post of Science subject and there was
recommendation by the Education Officer.
5] The Education Officer has issued a
letter on 24th December, 2014, denoting the
absorption of surplus teacher in Ahmednagar
District is completed. Due to ban of new
recruitment, the Education Department has not
accepted the proposal of the petitioner and
the same was thereafter accepted on
01.02.2016. On 16.02.2016, the Education
Officer rejected the proposal of the
petitioner on the ground that (i) permission
not sought from the office at the time of
appointment, (ii) appointment process not
carried out in view of the Government
Resolution dated 06.02.2012, and (iii)
proposal not submitted in camp.
2381.2016WP.odt
6] The learned counsel appearing for
the petitioner submits that the respondent
authority has given recommendation to the
Government to allow the respondent management
to fill up one post from Science subject and
the management has issued advertisement as
well as the selection process is carried out,
hence, the order under challenge deserves to
be quashed.
7] On the other hand, the learned AGP
appearing for respondent - State, relying
upon the affidavit-in-reply filed by
respondent no.2 submits that, before
advertising the post, prior permission of the
Education Officer was not taken. The
procedure for recruitment was not followed
as per the Government Resolution dated 6th
February, 2012. The said proposal for
approval is not submitted in camp. He also
invited our attention to the averments in the
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affidavit-in-reply and submits that, the
Petition may be rejected.
8] We have given careful consideration
to the submissions of the learned counsel
appearing for the petitioner and the learned
AGP appearing for respondent - State. With
their able assistance, perused the pleadings
and the grounds taken in the Petition,
annexures thereto and the reply filed by
respondent no.2 and annexures thereto, and we
are of the opinion that, the impugned order
cannot sustain for the reasons set out
hereinbelow.
9] Upon perusal of the copies of
documents placed on record, it appears that,
the Deputy Director, Pune Region, Pune
granted permission to the various schools
including the school wherein the petitioner
is serving, to fill in the post from the
Maths, English and Science subject. It
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appears that keeping in view the need of
teachers for the said subject exemption from
the ban on new recruitment was granted. The
petitioner has placed on record the copy of
inter se communication between the Deputy
Director of Education, Pune Region, Pune-1 to
the Director of Education [Secondary & Higher
Secondary], Pune, dated 24th January, 2014,
wherein it is stated that the Education
Officer, Zilla Parishad, Ahmednagar has
submitted a proposal for filling the vacant
post from the various institutions for
permission / approval of the Deputy Director
of Education, Pune.
10] Upon perusal of the contents of the
said letter, it appears that, the Education
Officer, Zilla Parishad, Ahmednagar, sought
permission and forwarded the proposal of the
concerned institutions for appointment of 10
teachers in Science subject, 8 teachers in
English subject and 12 teachers in
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Mathematics subject from Ahmednagar District.
The name of the institution, wherein the
petitioner is serving, is shown at serial
no.8. It further appears that the requirement
of one teacher in Science subject from OBC
category was recommended by the Education
Officer and also by the Deputy Director of
Education. Therefore, it cannot be said that
the concerned institution did not seek prior
permission of the Education Officer, on the
contrary the documents placed on record at
Exhibit-G Page-33 clearly shows that the
proposal with recommendation for filling in
the post of Science subject from OBC category
was forwarded to the Deputy Director of
Education and he forwarded the same to the
Director of Education, Pune. Upon perusal of
the documents placed on record, it appears
that, the advertisement was issued to fill in
the post of teacher in Science subject and
after due selection process, the appointment
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order is issued in favour of petitioner on 1st
December, 2014, which is at Exhibit-C Page-21
of the compilation of the Writ Petition.
11] Therefore, upon considering the
copies of the documents placed on record,
grounds stated in the impugned communication
by the Education Officer that the appointment
of the petitioner is without seeking
permission of the office of the Education
Officer, and the said appointment is not in
accordance with the Government Resolution
dated 6th February, 2012 cannot sustain.
12] Therefore, the reasons assigned by
the Education Officer in the impugned
communication dated 16th February, 2016,
addressed to respondent no.4, cannot sustain.
Accordingly, the impugned communication is
quashed and set aside. The Education Officer
[Secondary], Zilla Parishad, Ahmednagar is
directed to consider the proposal for
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approval to the appointment of the petitioner
afresh. The respondent Education Officer to
take decision as expeditiously as possible,
however, on or before 30th May, 2016 and
communicate the said decision to respondent
no.4. We make it clear that the Education
Officer shall not raise the same objections,
which are raised in the impugned
communication while considering the proposal
afresh.
13] The Petition is partly allowed.
Rule is made absolute on the above terms.
The petition stands disposed of accordingly.
Sd/- Sd/-
[V.K.JADHAV] [S.S.SHINDE]
JUDGE JUDGE
DDC
