Bahiram Chandrakant Jejiram vs State Of Maharashtra Through ...
2021 Latest Caselaw 5754 Bom

                                                  3. WP 12341-19 & ORS..doc

DDR

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                 WRIT PETITION NO. 12341 OF 2019

      BAHIRAM CHANDRAKANT JEJIRAM      .. PETITIONER
           vs.
      STATE OF MAHARASHTRA THROUGH
      EDUCATION DEPARTMENT (SECONDARY)
      & ORS.                           .. RESPONDENTS
                               WITH
                  WRIT PETITION NO. 12432 OF 2019

      PALLAVI SAHEBRAO GODSE            ..PETITIONER
            VS.
      THE EDUCATION OFFICER (SECONDARY)
      ZILLA PARISHAD, SATARA & ORS.     ..RESPONDENTS

                              WITH
                WRIT PETITION ST.NO. 29702 OF 2019

      REENA KIRAN JAGTAP-GHADGE         ..PETITIONER
            VS.
      THE EDUCATION OFFICER (SECONDARY)
      ZILLA PARISHAD, SATARA & ORS.     ..RESPONDENTS

                              WITH
                 WRIT PETITION NO. 12340 OF 2019

      RENUKA SONBA AHIWALE
      @ RENUKA BHIMRAO GHORPADE        ..PETITIONER
           VS.
      STATE OF MAHARASHTRA THROUGH
      EDUCATION DEPARTMENT (SECONDARY)
      & ORS.                           ..RESPONDENTS

                              WITH
                 WRIT PETITION NO. 12342 OF 2019

      ANKUSH SHIVAJI CHAVAN            ..PETITIONER
           VS.
      STATE OF MAHARASHTRA THROUGH
      EDUCATION DEPARTMENT (SECONDARY)
      & ORS.                           ..RESPONDENTS




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                                                          3. WP 12341-19 & ORS..doc

                           ------------------------
Mr. V.S. Talkute for the petitioners in WP/12341/19, WP/12340/19 &
WP/12342/19.
Mr. N.V. Bandiwadekar i/b. Vinayak Kumbhar for petitioners in
WP/12432/19 & WPST/29702/19.
Mrs. V.S. Nimbalkar, AGP in WP/12341/19.
Mr. P.P. Pujari, AGP in WP/12432/19.
Mr. P.V.N. Rajan, AGP in WPST/29702/19.
Mr. A.B. Kadam, AGP in WP/12340/19.
Mr. C.D. Mali, AGP in WP/12342/19.
                           ------------------------

                           CORAM       : M.S.KARNIK, J.

                           DATE        : MARCH 30, 2021
P.C.:-

Heard learned counsel for the petitioners and learned AGP for

the respondents - State.

2. The present Petitions pertain to the cancellation of approval

granted to the petitioners whose appointment as Shikshan Sevaks

was approved. In view of certain irregularities in the matter of

appointments, the approval came to be cancelled after issuance of

the show cause notice. The cancellation of approval is a subject

matter of the present Petitions.

3. It is pointed out that in identical set of facts, this Court had

an occasion to deal with several Petitions, Writ Petition St.No.92916

of 2020 being the lead Petition. By judgment and order dated

6/1/2021 this Court allowed the Writ Petitions.

4. Even this group of Petitions arise from the same show cause

notice which was the subject matter of Writ Petition St.No.92916 of

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3. WP 12341-19 & ORS..doc

2020 and others. This Court was of the view that the show cause

notice does not specify the irregularities which were allegedly

noticed by the Commissioner (Education) M.S. Pune and hence the

action based on the notice, which is completely vague and

indiscernible, is certainly not in compliance with the rules of natural

justice.

5. Learned AGP submitted that the petitioners were heard

before the impugned order came to be passed. She supported the

order cancelling approval of the petitioners.

6. I am of the view that as the controversy raised in this group

is squarely covered by the decision in Writ Petition St.No.92916 of

2020. For the same reasons, even these Petitions deserve to be

allowed and are accordingly allowed on the same terms as the Writ

Petition St.No.92916 of 2020 and others in the case of Kalpana

Ramkrishan Gavande vs. The State of Maharashtra & ors.

         Digitally
         signed by
         Diksha
Diksha   Rane
Rane     Date:
         2021.03.30

7. The Writ Petitions are disposed of accordingly. 18:52:02 +0530

(M.S.KARNIK, J.)

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