Bombay High Court
Shri. Git Harshal Balasaheb And ... vs The State Of Maharashtra, Through ... on 16 August, 2017
Bench: Anoop V. Mohta
This Order is modified/corrected by Speaking to Minutes Order dated 14/02/2018
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7417 OF 2017
Shri Git Harshal Balasaheb & Ors. ....Petitioners.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 7426 OF 2017
Shri Kasture Anand Ashok & Ors. ....Petitioners.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 7428 OF 2017
Smt. Varpe Sarla Vaman & Ors. ....Petitioners.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 7566 OF 2017
Smt. Chavan Vanita Hiraman & Anr. ....Petitioners.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 7645 OF 2017
Shri Sonawane Ashutosh Vijay & Anr. ....Petitioners.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 7647 OF 2017
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Ms. Patil Vaishali Nimba & Anr. ....Petitioners.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 7661 OF 2017
Shri. Bachhav Vaibhav Dilip & Anr. ....Petitioners.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 9315 OF 2017
Shivaji Mahadu Nammar ....Petitioners.
Vs.
The Dy. Director of Education & Ors. ....Respondents.
WITH
WRIT PETITION NO. 9316 OF 2017
Shri Salunkhe Hemraj Gavharlal & Ors. ....Petitioners.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 9317 OF 2017
Mrs. Renuka Sujit Pushpan & Anr. ....Petitioners.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 9319 OF 2017
Mr. Pathan Irfan Allauddin ....Petitioner.
Vs.
The State of Maharashtra & Ors. ....Respondents.
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WITH
WRIT PETITION NO. 9320 OF 2017
Ramdas Kisan Gilande ....Petitioner.
Vs.
The Deputy Director of Education & Ors. ....Respondents.
WITH
WRIT PETITION NO. 9322 OF 2017
Mr. Kedari Luma Balu ....Petitioner.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 9323 OF 2017
Shri Jagdale Ravim Waman ....Petitioner.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 9324 OF 2017
Mrs. Kulkarni Nilima Mohan ....Petitioner.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 9325 OF 2017
Shri Srivastav Satishkumar H. & Anr. ....Petitioners.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 9326 OF 2017
Mrs. Ahire Shital Bhagwansing ....Petitioner.
Vs.
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The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 9327 OF 2017
Ms. Malwana Sheetal Jayant & Anr. ....Petitioners.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 9328 OF 2017
Mrs. Badgujar Vaishali Umesh & Anr. ....Petitioners.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION NO. 9329 OF 2017
Shri Jadhav Shankar Baliram & Anr. ....Petitioners.
Vs.
The State of Maharashtra & Ors. ....Respondents.
WITH
WRIT PETITION (STAMP) NO. 22046 OF 2017
Prachi Kisan Urkude ....Petitioner.
Vs.
The Dy. Director of Education & Ors. ....Respondents.
WITH
WRIT PETITION NO. 8968 OF 2017
Chhaya Pravin Ahire ....Petitioner.
Vs.
The Dy. Director of Education & Ors. ....Respondents.
WITH
WRIT PETITION NO. 8969 OF 2017
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Azharuddin Buranuddin Pirzade ....Petitioner.
Vs.
The Dy. Director of Education & Ors. ....Respondents.
WITH
WRIT PETITION NO. 8970 OF 2017
Ishwari Atul Joshi ....Petitioner.
Vs.
The Dy. Director of Education & Ors. ....Respondents.
WITH
WRIT PETITION NO. 8971 OF 2017
Ravindra Yeshwant Kamble ....Petitioner.
Vs.
The Dy. Director of Education & Ors. ....Respondents.
WITH
WRIT PETITION NO. 7964 OF 2017
Manohar Daulat Wathore ....Petitioner.
Vs.
Education Officer (Primary) & Ors. ....Respondents.
WITH
WRIT PETITION NO. 7965 OF 2017
Pooja Shivpratap Singh ....Petitioner.
Vs.
Education Officer (Primary) & Ors. ....Respondents.
WITH
WRIT PETITION NO. 7980 OF 2017
Kamini Diliprao Patil ....Petitioner.
Vs.
Education Officer (Primary) & Ors. ....Respondents.
WITH
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WRIT PETITION NO. 7981 OF 2017
Trupti Ranjit Jagdale alias
Trupti Bhaushaheb Kadam ....Petitioner.
Vs.
Education Officer (Primary) & Ors. ....Respondents.
WITH
WRIT PETITION NO. 7982 OF 2017
Vikrant Bhausaheb Kadam ....Petitioner.
Vs.
Education Officer (Primary) & Ors. ....Respondents.
WITH
WRIT PETITION NO. 7983 OF 2017
Tanuja Sandeep Bharambe ....Petitioner.
Vs.
Education Officer (Primary) & Ors. ....Respondents.
WITH
WRIT PETITION NO. 7984 OF 2017
Sangeeta Shivaji Saundane @ Borse ....Petitioner.
Vs.
Education Officer (Primary) & Ors. ....Respondents.
WITH
WRIT PETITION NO. 7985 OF 2017
Rameshwar Motiram Pawar ....Petitioner.
Vs.
Education Officer (Primary) & Ors. ....Respondents.
WITH
WRIT PETITION NO. 9306 OF 2017
Suvarna Bhalchandra Magdum ....Petitioner.
Vs.
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The State of Maharashtra & Ors. ....Respondents.
(Serial Nos. 907, 908 to 920, 923, 926 and 929 of todays
Supplementary Board)
Mr. N.V. Bandiwadekar a/w Mr. Sagar Mane for the Petitioners in WP
7417/2017 a/w connected matters and for the Petitioners in serial
Nos. 909, 910, 915 to 920 of todays supplementary board.
Mr. Sunil Dighe for the Petitioner in serial Nos. 908, 912 and 923 of
todays supplementary board.
Mr. Saurabh S. Pakale a/w Manisha Devkar and S.M. Katkar for the
Petitioner in serial Nos. 911, 913 and 914 of todays supplementary
board.
Mr. R.S. Apte, Senior Advocate a/w Saurabh Oka for the Petitioner in
Serial No. 926 along with connected matters of todays supplementary
board.
Mr. L.S. Deshmukh for the Petitioner in WP No. 9306 of 2017.
Mr. Kedar Dighe, AGP for the State in serial Nos. 907, 908 to 910,
912, 913, 915, 916, 918, 920 and 929 of todays supplementary board.
Mr. Anamika Malhotra for Respondent Nos.2 and 4 in serial No. 907
of todays supplementary board.
Mr. A.P. Vanarase, AGP for the State in serial Nos. 911, 914 and 919 of
todays supplementary board.
Ms. Kavita N. Solunke, AGP for the State in serial Nos. 917, 923, 929
and 926 of todays supplementary board.
Mr. A.S. Rao for Respondent No.4 in serial No. 926 of todays
supplementary board.
CORAM : ANOOP V. MOHTA AND
SMT. BHARATI H. DANGRE, JJ.
DATE : 16 AUGUST 2017.
FINAL ORDER:-
Heard the learned counsel appearing for the parties finally.
2 The submission is made by the learned counsel appearing
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for the respective parties that all these Petitions are also covered and
governed by order passed by this Bench on 14 August 2017 in Writ
Petition No.8818 of 2017 and other connected matters in every
aspects, including the facts and impugned orders and the actions and
the reliefs.
3 Therefore, we are inclined to dispose of all these Writ
Petitions by common order as agreed by all the parties on the same
line. Order dated 14 August 2017 passed by this Court in WP No.
8818 of 2017 and other companion matters, reads thus-
"FINAL ORDER :-
1) Rule. Rule is made returnable forthwith. Heard
finally by consent of parties as the common issues
are involved and so also the action of common
respondents, we are inclined to dispose of the
present writ petitions by this common order, as
agreed by all. Learned A.G.P. waives service of notice
for the Respondent State in all the matters.
2) The petitioners are working as Assistant Teacher in
their respective Institutions since long, ranging from
6 to 12 years. They were appointed on vacant posts
after following the due procedure of law, initially as
a Shikhan Sevaks, after three years approvals were
granted, and confirmed/appointed as Assistant
Teachers. At both stages, the concerned
respondents/officers in the respective petitions have
granted approvals as required in accordance with
law. All the petitioners therefore in view of this have
been in service in the respective posts.
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3) The respondents, suddenly based upon a report of
the Commissioner, (Education) Maharashtra State,
Pune initiated the proceedings/impugned action of
cancellation of approvals, already granted since
long. It is stated that the said Commissioner did
issue show cause notice, but without specifying the
changes/reasons, for intended action.
4) The respondents Authorities, who have granted the
approvals so recorded above, have recalled the order
of approval by cancelling it without following the
due procedure of law specifically, in spite of a
Division Bench Judgment of this Court (Coram:
B.R.Gavai & Riyaz I. Chagla, JJ) in Writ Petition No
10133 of 2016 (Shivanee Deshpande Vs. State of
Maharashtra and others) and other connected
matters, whereby it is specifically held after
considering the similar situation, as under:-
"By now, it is settled principle of law that
unless the power of review is specifically or by
necessary implication provided, the authority
cannot review its own order. No doubt, if an
order is obtained by exercising fraud, it would
stand vitiated. However, it is not the case of
the respondent-Education Officer that the
petitioners have obtained their initially orders
by fraudulent means. It is further observed in
the said order as under if the earlier
Education Officer had granted approval to
the petitioners' appointment, may be
erroneously, the same cannot be made a
ground to recall the same and pass contrary
order, unless a case of fraud,
misrepresentation or suppression is made out.
Particularly, when most of the petitioners
have already put in their services for 11
years, the impugned orders would amount to
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penalising them for no fault on their part".
5) In view of the above, there is a force in the
contention so raised by the learned Counsel
appearing for the petitioners. The learned AGP
therefore on instructions, conceded to the position of
law and makes statement that the concerned
respondents/officers/authorities shall recall the
impugned order/action and related proceeding, if
any dated 27th June, 2017 or such other dates as
early as possible, preferably within two weeks; and
they will also recall/withdraw their impugned
action and/or orders of cancellation of approval in
question. Further, they will grant/continue to
provide all service benefits / entitlement to the
petitioners or such teachers.
6) In the interest of justice and to avoid further delay
and complication, we are inclined to accept the
statement made the learned AGP on behalf of the
respondents-authorities. In view of this, we are
inclined to dispose of these petitions by keeping all
contentions open of both sides.
7) It is made clear that in view of withdrawal of the
impugned action so referred to above, all the
petitioners/teachers are entitled for all the requisite
benefits as they are otherwise entitled in law. The
concerned respondents, within a period of three
weeks, will take effective steps to avoid further delay.
It is made clear that once the impugned action /
order is withdrawn as recorded above of the
consequential benefits including their salaries need
to be immediately released, if withhold for such
reasons.
8) All the writ petitions are allowed accordingly. No
costs.
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9) The parties to act on the basis of an authenticated
copy of this order."
4 In view of above, all these Writ Petitions are allowed for
the same reasons. All the Petitions are allowed accordingly in terms of
paragraph Nos. 5 to 9 of order dated 14 August 2017 passed in Writ
Petition No. 8818 of 2017. There shall be no order as to costs.
(BHARATI H. DANGRE, J.) (ANOOP V. MOHTA, J.)
