Ashish Vithalrao Hud And 5 Others vs The State Of Mah., Thr. Its ...
2017 Latest Caselaw 8435 Bom

                                       1                                                                wp1767.14

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


                            WRIT PETITION NO.1767/2014

1.   Aashish Vithalrao Hud,
     aged 28 Yrs., Occu. Service, 
     Special Teacher (In-charge 
     Headmaster) Nivasi Mukha-Badhir
     Vidyalaya, Daryapur, Distt. Amravati. 

2.   Tushar Mohanrao Bhetalu,
     aged 30 Yrs., Occu. Service, 
     Special Teacher Nivasi 
     Mukha-Badhir Vidyalaya,
     Daryapur, Distt. Amravati.

3.   Nilesh Udhavrao Dhande,
     aged 34 Yrs., Occu. Service, 
     Art Teacher, Nivasi Mukha-Badhir
     Vidyalaya, Daryapur, Distt. Amravati.

4.   Vinod Bhauraoji Ghule,
     aged 41 Yrs., Occu. Service, 
     Peon, Nivasi Mukha-Badhir
     Vidyalaya, Daryapur, Distt. Amravati.

5.   Shyam Rameshrao Gaikwad,
     aged 31 Yrs., Occu. Service, 
     Watchman, Nivasi Mukha-Badhir
     Vidyalaya, Daryapur, Distt. Amravati.

6.   Nilesh Manoharrao Ambadkar,
     aged 32 Yrs., Occu. Service, 
     Caretaker, Nivasi Mukha-Badhir
     Vidyalaya, Daryapur, Distt. Amravati.                                                 ..Petitioners.

           ..Vs..

1.   The State of Maharashtra,
     through its Principal Secretary, 
     Social Justice and Special Assistance 
     Department, Mantralaya, Mumbai - 440 032. 


        ::: Uploaded on - 14/11/2017                                 ::: Downloaded on - 15/11/2017 00:06:16 :::
                                                                                   2                                                                wp1767.14

2.          The Commissioner of Social Welfare,
            Maharashtra State, Pune. 

3.          The Regional Deputy Commissioner
            for Social Welfare Department and 
            the Divisional Social Welfare Officer, 
            Amravati Division, Amravati. 

4.          The Social Welfare Officer Grade -A
            Zilha Parishad, Amravati, 
            Distt. Amravati. 

5.          The President,
            Manav Vikas Bahuudeshiya
            Shikshan Prasarak Mandal, 
            Shirala, Tq. and Distt. Amravati. 

6.          Shri Raosaheb Ramkrushna Tobare,
            Trained Teacher, Nivasi Mukha-Badhir
            Vidyalaya, Daryapur, Distt. Amravati.                                                                                                  ..Respondents.
  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 
           Shri Y.P. Kaslikar, Advocate for the petitioners. 
           Shri N.R. Patil, A.G.P. for respondent Nos.1 to 3. 
           Shri A.S. Dhore, Advocate for respondent No.6.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 




                                                                 CORAM :  Z.A. HAQ, J.

                                                                 DATE  :     3.11.2017.



ORAL JUDGMENT

1.                        Heard.



2.                        Rule.  Rule made returnable forthwith.

3. The petitioners / employees of the school administered by the

respondent No.5 - Society have challenged the decision of the Commissioner

3 wp1767.14

for persons with Disabilities, Maharashtra State, Pune cancelling approval

granted to the appointment of the petitioners. Various submissions are made

on behalf of the petitioners, one of it being that the decision to cancel the

approval is taken without granting hearing to the petitioners.

4. In the facts of the case, in my view, the following order would

sub-serve the ends of justice:

(i) The Commissioner for persons with Disabilities, Maharashtra State,

Pune shall re-consider the matter again and take decision in the matter of

continuation / cancellation of approval to the appointment of petitioners after

granting hearing to the petitioners.

(ii) The petitioners shall appear before the Commissioner for persons

with Disabilities, Maharashtra State, Pune on 5 th January, 2018 and abide by

the further instructions / orders in the matter.

(iii) The Commissioner for persons with Disabilities, Maharashtra State,

Pune shall also grant hearing to Manav Vikas Bahuuddeshiya Shikshan

Prasarak Mandal, Shirala, Tq. and Distt. Amravati, if they put in appearance

and are interested in making their submissions before him.

The Commissioner for persons with Disabilities, Maharashtra State,

Pune shall not issue any notice to the Management.

(iv) The petitioners shall serve copy of this order on the Management

and apprise the concerned that the date of appearance before the

4 wp1767.14

Commissioner for persons with Disabilities, Maharashtra State, Pune is 5th

January, 2018.

(v) The Commissioner for persons with Disabilities, Maharashtra State,

Pune shall take decision and communicate it to the petitioners and the

Management till 9th February, 2018.

(vi) The petition is disposed in the above terms. In the circumstances,

the parties to bear their own costs.

(vii) The legality and validity of the order passed by the Commissioner

for persons with Disabilities, Maharashtra State, Pune directing recovery of the

amount from the Management is not examined and it is maintained.

(viii) The interim order granted by this Court on 7th April, 2014 shall

continue till the Commissioner for persons with Disabilities, Maharashtra

State, Pune takes decision in the matter.

JUDGE

Tambaskar.