Bombay High Court
Pathan Afroz Khan Saheb Khan And ... vs The State Of Maharashtra And ... on 3 May, 2017
Bench: S.V. Gangapurwala
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 5929 OF 2017
1. Pathan Afroz Khan s/o Saheb Khan,
Age : 29 years, Occu.: Service,
R/o. Mehboob Nagar, Ambad,
Tq. Ambad, Dist. Jalna
2. Dr. Iqbal Urdu High School,
Through its Head-Master,
Mr. Khazi Anzar Ahmed
Age : 57 years,
Occu.: Service as Head Master,
R/o. Arab Mohalla, Near Old Tahsil,
Ambad, Tq. Ambad, Dist. Jalna
3. Urdu Education Society,
Through its Chairman,
Shaikh Mohammed Ayyub s/o. Shaikh Habib
Age : 42 years, Occu.: Service,
R/o.: Juna Bazar, Aurangabad ..PETITIONERS
VERSUS
1. The State of Maharashtra
Through Secretary,
School Education Department,
Mantralaya, Mumbai-400032
2. The Director,
Secondary Education Maharashtra State,
Central Building, Pune
3. The Deputy Director of Education,
School Education Department,
Aurangabad
4. The Education Officer (Secondary),
Zilla Parishad, Aurangabad
5. The Commissioner of Education,
Office of Commissioner of Education,
Balbharati Area, 5th Floor,
Senapati Bapat Road,
Pune - 04 ..RESPONDENTS
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Mr. Zia-Ul-Mustafa, Advocate for petitioners
Mr. A.P. Basarkar, A.G.P. for respondents/State
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CORAM : S.V. GANGAPURWALA AND
SANGITRAO S. PATIL, JJ.
DATE : 3rd MAY, 2017
ORAL JUDGMENT (PER : S.V. GANGAPURWALA, J.):
Rule. Rule made returnable forthwith. The
learned A.G.P. waives notice of Rule for all the
respondents. With the consent of the learned counsel
for the petitioners and the learned A.G.P., heard
finally.
2. The learned counsel for the petitioners submits
that the proposal submitted by petitioner No. 3, seeking
approval to the appointment of petitioner Nos. 1 and 2
is rejected on the ground that surplus teachers are not
absorbed as per Govt. Resolution dated 20th June, 2014.
The learned counsel submits that petitioner No. 3 is a
Minority Institution and as such, it is protected by
Govt. Resolution dated 13th July, 2016.
3 wp5929-2017
3. The learned A.G.P. submits that as large number
of surplus candidates are yet to be absorbed, the order
impugned in this petition is rightly passed.
4. The petitioner has produced on record a copy of
the certificate (Exhibit-B to the petition) showing that
it is recognized as a Minority Institution. Clause (6)
of the Govt. Resolution dated 13th July, 2016 reads as
under :-
^^,sfPNd lek;kstukl lnj laLFkk r;kj ulY;kl v'kk loZ
vYila[;kd laLFkkauh dsysY;k in Hkjrhl egkjk"Vª [kktxh
'kkGkarhy deZpkjh ¼losP;k 'krhZ½ vf/kfu;e 1977 dye 5 ¼1½
e/khy rjrqnhe/kwu oxG.;kr ;kos- lnj rjrwn ek- loksZPp U;k;ky;
o dkgh jkT;kaP;k mPp U;k;ky;kaP;k U;k;fuokM;kuqlkj Hkkjrh;
jkT;?kVuk dye 30 ¼1½ P;k rjrwnhl ck/kk ;sr vlY;kus lnj
vYila[;kd laLFkkauh dsysY;k in Hkjrhl oS;Drhd ekU;rk
ns.;kckcr mfpr dk;Zokgh djkoh-**
5. In view of the said clause, reproduced supra,
the impugned order cannot be sustained.
6. In the light of above, the impugned order is
quashed and set aside. The respondents shall consider
the proposal submitted by petitioner No. 3 seeking
4 wp5929-2017
approval to the appointment of petitioner Nos. 1 and 2
on its own merits expeditiously and preferably within
four months. The Education Officer shall not reject the
said proposal on the ground on which the impugned order
is passed.
7. Rule is made absolute in the above terms. The
Writ Petition is disposed of. No costs.
Sd/- Sd/-
[SANGITRAO S. PATIL] [S.V. GANGAPURWALA]
JUDGE JUDGE
npj/wp5929-2017
