Pratibha Sopanrao Kanchale vs The State Of Maharashtra And ...
2021 Latest Caselaw 10864 Bom

                                                                WP No.6820/21
                                           1


                    IN THE HIGH COURT AT BOMBAY
                 APPELLATE SIDE, BENCH AT AURANGABAD

                    1008 WRIT PETITION NO.6820 OF 2021

                   PRATIBHA SOPANRAO KANCHALE
                                 VERSUS
              THE STATE OF MAHARASHTRA AD OTHERS
                                    ...
                Advocate for Petitioner : Dr. Godbole R.J.
               AGP for Respondents 1 to 3 : Mr. A.R. Kale
           Advocate for Respondents 4 & 5 : Mr. S.A. Deshpande
                                    ...

                                     CORAM : S.V. GANGAPURWALA &
                                             R.N. LADDHA, JJ.

DATED : 11/08/2021.

PER COURT :

. The petitioner assails the order, rejecting the proposal

seeking approval from un-aided post to aided post in the school.

2. Heard Mr. Godbole, learned advocate for the

petitioner and the learned A.G.P.

3. The petitioner claims to have been appointed on

unaided post of Assistant Teacher on 1 st October 2013.

Appointment of the petitioner on unaided post is approved by the

WP No.6820/21

Education Officer under order dated 15th April, 2021. It is further

contended that the petitioner is transferred to aided post on or

about 1st February 2021. The proposal for approval is rejected on

the ground that backlog of OBC candidate exists.

4. The petitioner claims to have been appointed from

OBC category. The petitioner has certificate of validity of OBC.

According to the learned advocate for the petitioner, this aspect

has not been considered.

5. If the backlog existed for OBC category and the

petitioner is appointed from OBC category, then there was no

impediment to Education Officer to consider the same.

6. In the impugned order, it is stated that there is

backlog of 2 OBC posts. The petitioner claims to have been

appointed on OBC post. This aspect ought to have been

considered by the Education Officer.

7. In the result, the impugned order is quashed and set

WP No.6820/21

aside. The Education Officer shall confirm the vacancy for the post

of OBC category and appointment of the petitioner on OBC post.

The Education Officer shall consider the proposal seeking approval

to the transfer of the petitioner from unaided to aided post in tune

with the judgment of this Court dated 4 th July 2020 in Writ

Petition No.1493/2018 with connected writ petitions. The said

exercise shall be done preferable withing four weeks.

8. The writ petition is disposed of. No costs.

[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.]

ssc/