Jawwad Ahmad Aejaz Ahmad Khan vs The Education Officer (Primary), ...
2021 Latest Caselaw 16924 Bom

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                                                                         wp1295.2020.odt

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


                          WRIT PETITION NO.1295/2020

Jawwad Ahmad Aejaz Ahmad Khan,
aged 28 Yrs., Occ. Service,
R/o Washim Road, Masjid E Aksa,
Vasant Nagar, Pusad, Dist. Yavatmal.                                           ..Petitioner.

        ..Vs..

1.      The Education Officer (Primary),
        Zilla Parishad, Yavatmal.

2.      Hazrat Umar Farooq Education
        Society, Pusad, Tq. Pusad,
        Dist. Yavatmal, through it's
        Secretary.

3.       Hazrat Umar Farooq Urdu Higher
         Primary School, Pusad, District
         Yavatmal, through it's Head Master.                                 ..Respondents.
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        Mr. A.S. Dhore, Advocate for the petitioner.
        Mr. Rahul Tajne, Advocate for respondent No.1.
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                          CORAM :- SUNIL B. SHUKRE AND
                                           ANIL L. PANSARE, JJ.

DATED :- 6.12.2021.

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Heard Mr. A.S. Dhore, learned counsel for the petitioner and

Mr. Rahul Tajne, learned counsel for respondent No.1. Nobody is

present for respondent Nos.2 and 3 although they are duly served by

notice at admission stage.

wp1295.2020.odt

2. Rule. Rule made returnable forthwith. Heard finally by

consent.

3. Learned counsel for the petitioner submits that because of the

dispute between some factions in the managing committee of

respondent No.2, proposal of the petitioner seeking approval to the

appointment of petitioner is not being sent by respondent Nos.2 and 3.

He also submits that the Education Officer had reminded respondent

Nos.2 and 3 to send the proposal but, in vain. Respondent Nos.2 and

3 have also not filed any reply. This shows that due to some issues at

the end of respondent No.2, the proposal seeking approval to the

appointment of petitioner initially as Shikshan Sewak and later on as

Assistant Teacher is not being forwarded by respondent Nos.2 and 3.

4. Considering the above referred facts and circumstances, we are

inclined to allow the petition partly. Petition is allowed partly.

Respondent Nos.2 and 3 are directed to send the proposal to

respondent No.1 for seeking approval for appointment of the

petitioner initially as Shikshan Sewak and thereafter as Assistant

Teacher, within four weeks from the date of receipt of the order.

Learned counsel for the petitioner to see that the copy of the order is

duly served upon respondent Nos.2 and 3 for which purpose hamdast

wp1295.2020.odt

is granted.

5. Rule is made absolute in the above terms. No costs.

                                                    JUDGE                                     JUDGE




                                Tambaskar.




Signed By:NILESH VILASRAO
TAMBASKAR
Private Secretary

Signing Date:07.12.2021 17:55