Bombay High Court
Sarfaraz Abdulraheem Bhendwade vs The State Of Maharashtra And Ors on 1 December, 2021
Bench: R.D. Dhanuka, Abhay Ahuja
MUGDHA M
PARANJAPE
1 12-WP [email protected]
Digitally signed by
MUGDHA M
PARANJAPE
Date: 2021.12.03
14:35:58 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7318 OF 2021
Shri. Sangram Kondiba Jadhav ... Petitioner
Vs.
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION NO.7358 OF 2021
WITH
WRIT PETITION NO.7357 OF 2021
WITH
WRIT PETITION NO.7356 OF 2021
WITH
WRIT PETITION NO.7316 OF 2021
WITH
WRIT PETITION NO.7381 OF 2021
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Mr. Prashant Bhavake for the Petitioners in all WPs.
Mr.V.M. Mali, AGP, Mrs.P.N. Diwan, AGP, Mr.N.C. Walimbe, AGP,
Mrs.P.J. Gavhane, AGP, Ms.S.S. Bhende, AGP, Mr.N.K. Rajpurohit,
AGP for the State in all WPs.
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CORAM : R.D. DHANUKA &
ABHAY AHUJA, JJ.
DATE : 1ST DECEMBER, 2021
P.C. :
1. Mr. Bhavake, learned counsel for the Petitioners in all
Petitions seeks liberty to delete Respondents No.6 and 7 from the
cause title of the Writ Petitions. Leave to amend is granted.
Amendment to be carried out forthwith. Re-verifcation is dispensed
with.
Mugdha 1 of 5
2 12-WP [email protected]
2. Mr. Bhavake, learned counsel for the Petitioners and
learned AGP jointly state that the facts in all these Petitions are
identical and can be disposed of by common order.
3. Rule. Rule made returnable forthwith. The learned AGPs
for the State waive service in all Writ Petitions.
4. By consent of the parties, Petitions are heard fnally.
5. The Petitioners, in these Petitions, have impugned the
order passed by the Deputy Director of Education refusing to
include the name of the Petitioners in Shalarth Pranali, as also to
allot the Shlarth ID for online payment of salary and other
payments. The details of the appointment of each of these
Petitioners, the order passed by the Education Offcer and the date
of the order passed by the Deputy Director of Education are
extracted as under :-
Sr. Writ Petition No. Date of Date of Order Date of order
No. Appointment passed by the passed by the
Education Offcer Deputy Director
of Education
1. WP No.7318/21 10/08/2021 11/08/2021 29/09/2021
2. WP No.7358/21 01/08/2018 23/03/2021 22/06/2021
Mugdha 2 of 5
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3. WP No.7357/21 15/08/2014 30/07/2021 05/10/2021
4. WP No.7356/21 15/06/2018 06/05/2019 22/09/2020
5. WP No.7316/21 15/06/2017 17/08/2021 11/10/2021
6. WP No.7381/21 01/08/2013 26/02/2019 09/01/2020
6. It is not in dispute that in each of these matters the
Education Offcer has already granted approval to the appointment
of the Petitioners on various posts. The Deputy Director of
Education, however, has refused to include the name of the
Petitioners in Shalarth Pranali and to allocate the Shalarth ID. The
Management in these matters admittedly are minority institutions.
7. A similar issue is dealt with by this Court today in Writ
Petition No.7296 of 2021 alongwith connected matters.
8. The learned counsel appearing for the parties jointly
state that there is no dispute that the facts of these cases are
identical to the facts of that cases. The said judgment would apply to
the facts of this case. Statement is accepted.
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4 12-WP [email protected]
9. We have gone through by the abovereferred judgment
delivered by this Court today. We do not propose to take any
different view in the matter and accordingly pass the following
order.
10. The impugned orders dated 29 th September, 2021 in Writ
Petition No.7318 of 2021, dated 22nd June, 2021 in Writ Petition
No.7358 of 2021, dated 5th October, 2021 in Writ Petition No.7357 of
2021, dated 22nd September, 2020 in Writ Petition No.7356 of 2021,
dated 11th October, 2021 in Writ Petition No.7316 of 2021 and dated
9th January, 2020 in Writ Petition No.7381 of 2021 are quashed and
set aside.
11. The Deputy Director of Education is directed to enter the
name of the Petitioners in the Shalarth Pranali not before expiry of
six weeks from today.
12. The arrears of salary, if any, shall be released by the
Deputy Director of Education after four weeks from the date of
entering the names of the Petitioners in the Shalarth Pranali.
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5 12-WP [email protected]
13. It is made clear that this Court has not restrained the
State Government from initiating any action against the erring
offcer. This Court has not expressed any views on the correctness
of the order passed by the Education Offcer.
14. Writ Petition is allowed in the abovesaid terms.
15. Rule is made absolute. No order as to costs.
16. Parties to act on the authenticated copy of this order.
(ABHAY AHUJA, J.) (R.D. DHANUKA, J.)
Mugdha 5 of 5
