Bombay High Court
Navnath Pandurang Vadak vs The State Of Maharashtra And ... on 4 September, 2017
Bench: S.V. Gangapurwala
1 wp 10708.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10807 OF 2016
Navnath s/o Pandurang Vadak,
Age 36 years, Occ : Service
as a peon, in Pandit Nehru
Vidyalaya, Nimgaon Jali,
tq. Sangamner Dist. 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 President/Secretary,
Maharashtra Shikshan Sanstha,
Nimgaon Jali, tq. Sangamner,
District Ahmednagar.
4] The Head Master,
Pandit Nehru Vidyalaya,
Nimgaon Jali, tq Sangamner
District Ahmednagar. .. Respondents
Shri Amol N. Kakade, Advocate for the Petitioner.
Shri S. W. Mundhe, A.G.P. for Respondent Nos. 1 and 2.
Shri C. D. Fernandas, Advocate for Respondent Nos. 3 and 4.
CORAM : S. V. GANGAPURWALA AND
MANGESH S. PATIL, JJ.
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DATE : 04TH SEPTEMBER, 2017.
ORAL JUDGMENT (Per S. V. Gangapurwala, J.) :-
. Rule. Rule made returnable forthwith. With the consent of
parties taken up for final hearing.
2. The petitioner is appointed as a peon on 01.01.2008 by the
respondent Nos. 3 and 4 in respondent No. 4 school. The
proposal seeking approval to the appointment of the petitioner is
rejected under order dated 02nd February, 2015 on the ground
that the petitioner belongs to open category, whereas one post
from O.B.C. and one post from S.B.C. category is still vacant.
3. Mr. Kakade, the learned counsel for the petitioner submits
that, the petitioner is appointed after following due procedure of
law. An advertisement was issued and thereafter following
selection process, the petitioner was appointed. The learned
counsel submits that, there are five vacant posts with the
respondent institution. Same can be filled in by the institution
from the reserved category.
4. The learned counsel appearing for respondent Nos. 3 and 4
submits that, the petitioner was appointed on vacant post as one
peon namely Deshmukh D. R. came to be promoted as junior
clerk from open category. The learned counsel further submits
3 wp 10708.16
that, the respondent Nos. 3 and 4 have filed affidavit before this
Court thereby undertaking that, there are five posts of peon still
vacant as per the verified roster and the respondents would fill
in the vacant posts by appointing a candidate from S.B.C. and
another from O.B.C. category with the permission of the
Education Officer.
5. The learned Assistant Government Pleader submits that,
as the backlog was not filled, the order was rightly passed by the
Education Officer.
6. We have considered the submissions canvassed by the
learned counsel for respective parties.
7. This Court on August 21, 2017 had adjourned the matter so
as to enable the learned counsel for respondent Nos. 3 and 4 to
file reply affidavit in the form of undertaking that the
respondents shall fill in vacant O.B.C. and S.B.C. posts from
vacancy available. Pursuant thereto, respondent Nos. 3 and 4
have filed affidavit thereby undertaking to fill in the vacant posts
from O.B.C. and S.B.C. category candidates. The said
undertaking is accepted.
8. Considering the above, we pass following order.
4 wp 10708.16
9. The impugned order is quashed and set aside. The
respondent No. 2 (Education Officer) shall reconsider the
proposal submitted to it for approval and shall not reject it on the
ground that there is backlog of one O.B.C. and one S.B.C.
category candidate. The respondent Nos. 3 and 4 shall fill in
vacant posts of the peon from O.B.C. and S.B.C. category
candidate by following due procedure of law. The Education
Officer shall decide the proposal of the petitioner expeditiously
and preferably within a period of three (03) months from today.
Rule is made absolute in above terms. No costs.
Sd/- Sd/-
[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.]
bsb/Sept. 17
