Jayprakash Balkrishnarao Tayade vs The Education Officer Z.P. Amt. & ...
2017 Latest Caselaw 5539 Bom

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                                                           wp1234.02.odt

   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             NAGPUR BENCH, NAGPUR

                   Writ Petition No.1234 of 2002

  Jayprakash s/o Balkrishnarao Tayade,
  Aged about 33 years,
  Occupation - Service,
  R/o Hirurpurna, Tahsil-Chandur Bazar,
  District Amravati.                               ... Petitioners


        Versus


  1. The Education Officer (Secondary),
     Zilla Parishad, Amravati.

  2. Savitribai Phule Shikshan Sanstha,
     through President/Secretary,
     Hisurkasba, Tahsil-Chandur Bazar,
     District Amravati.                            ... Respondents


  Shri S.N. Tapadia, Advocate for Petitioner.
  Shri S.M. Ukey, Additional Government Pleader for Respondent 
  No.1.

                Coram : R.K. Deshpande & Mrs. Swapna Joshi, JJ.

rd Dated : 3 August, 2017

Oral Judgment (Per R.K. Deshpande, J.) :

1. The respondent No.1-Education Officer (Secondary),

Zilla Parishad, Amravati, granted the permission to fill in the post

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of Junior Clerk in the School run by the respondent No.2-Society

on 5-8-2000. Accordingly, the advertisement was issued and the

petitioner was appointed to fill in the post of Junior Clerk on

19-4-2001. The approval was granted to this appointment by the

Education Officer on 28-9-2001. It was revoked by the impugned

order passed on 21-2-2000. Hence, this petition challenging the

said order.

2. The approval was revoked on the ground that there was

a ban on recruitment. In similar matter, i.e. Writ Petition

No.1345 of 2002 [Dashrath Gajananrao Bolke v. The Education

Officer (Secondary), Zilla Parishad, Amravati, and others], this

Court has considered this aspect in its judgment delivered on

7-1-2016 and the order revoking the approval has been set aside

and the earlier order granting approval was restored.

3. For the reasons stated in the aforesaid judgment of this

Court, which is in respect of a person similarly situated, we also

allow this petition and quash and set aside the impugned order

wp1234.02.odt

dated 21-2-2002 passed by the Education Officer revoking the

approval and restore the order dated 28-9-2001. The petitioner

was already protected by way of interim order passed by this

Court.

4. Hence, rule is made absolute in the aforesaid terms. No

order as to costs.

                             JUDGE.                                   JUDGE.

   Lanjewar