Anjuman E Targeebe Taleem Trust ... vs State Of Maharashtra And Ors
2021 Latest Caselaw 12320 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally signed by
                                        CIVIL APPELLATE JURISDICTION
KANCHAN   KANCHAN VINOD
VINOD     MAYEKAR

                                       WRIT PETITION NO. 2698 OF 2021
          Date: 2021.09.03
MAYEKAR   12:21:07 +0530


                                                ALONGWITH
                                      WRIT PETITION (ST) NO. 27881 OF 2019

                     Anjuman E Targeebe Taleem Trust                        ..... Petitioner

                                VERSUS

                     State of Maharashtra & Ors.                            ..... Respondents

                     Mr. Akhil Kupade, i/b. Manoj Harit & Co. for the Petitioner in
                     WP/2698/2021.

                     Mr. Rahul B. Vijaymane, i/b. Mr.Vijay Killedar for the Petitioner in
                     WPST/27881/2019.

                     Mrs.P.J.Gavhane, A.G.P. for the State in WP/2698/2021.

                     Mr.N.K.Rajpurohit, A.G.P. for the State in WPST/27881/2019.

                                                  CORAM: R. D. DHANUKA AND
                                                         R.I.CHAGLA, JJ.

DATE : 1st SEPTEMBER, 2021

P.C:-

Both these writ petitions are filed by the management for various

reliefs. The petitioner in Writ Petition No.2698 of 2021 has impugned

the order dated 14th August, 2019 whereby the respondent no.4 has

conferred upon respondent no.5 the powers of signing pay bills, salary

slips and other documents.

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2. By Writ Petition (St) No. 27881 of 2019, the management has

impugned the order dated 31st May, 2019 passed by the Education

Officer, Zilla Parishad, Solapur and also order dated 6th May, 2021.

3. The petitioner has also prayed for an order and direction against

the Education Officer (Secondary), Zilla Parishad, Solapur to

implement the communications dated 26th March, 2019 issued by the

respondent no.3 thereby directing the respondent no.4 to submit the

proposal in respect of the grant of approval of the appointment of the

petitioner no.2 on the post of headmaster.

4. It is the case of the management that the management had

appointed the petitioner no.2 in Writ Petition (St) No.27881 of 2019 on

the post of headmaster which was vacant by letter of appointment dated

1st January, 2019 and directed him to resume his duty as headmaster

w.e.f 4th January, 2019. On 5th January, 2019 and 9th April, 2019 the

management applied for approval in respect of the appointment of the

petitioner no.2 on the post of the headmaster. On 26 th March, 2019, the

respondent no.3 directed no.4 to submit the proposal in respect of grant

of approval of the appointment of the petitioner no.2 on the post of the KVM

10 - WP 2698 OF 2021.doc headmaster of the school.

5. On 31st May, 2019, the Education Officer (Secondary) however

rejected the proposal on various grounds. On 6 th May, 2021, the

Education Officer (Secondary) again passed an adverse order and

rejected the proposal for authorizing senior most teacher to sign the

documents including pay bills.

6. A perusal of the record indicates that the Director of Education

passed an order on 3rd February, 2018 directing the Deputy Director not

to approve any appointment to the post of the headmaster on the

ground that there was a dispute between the management or other

office bearers of the petitioner trust. Relying upon such order issued

by the Director of Education, the Education Officer refused to grant

permission to the appointment of the petitioner no.2 as headmaster.

7. Learned counsel for the petitioner invited our attention to the

judgment delivered by the Division Bench of this Court on 29 th

October, 2010 in Writ Petition No. 3034 of 2010 filed by Murlidhar S/

o. Janrao Kale & Ors. vs. State of Maharashtra & Ors. and more

particularly paragraphs 2, 7, 8 and 9 and would submit that the Director KVM

10 - WP 2698 OF 2021.doc of Education has no power to decide as to which trustee would

administer the trust and would appoint the staff members. Such power

vest only in the Assistant Charity Commissioner under section 22 of

the Maharashtra Public Trusts Act or under other related provisions of

the said Act.

8. In our view, since the order passed by the Director of Education

directing not to approve the appointment of the headmaster on the

ground that the there is dispute between the management itself is

totally illegal. No such direction can be issued by the Director of

Education not to approve any headmaster and to allow the school to

run without any Head of the school. In view of such perverse order

passed by the Director of Education, second perverse order came to be

passed by the Education Officer appointing respondent no.5 with a

direction to sign the documents and payslips of the school run by the

petitioner trust.

9. We have perused the order passed by the Education Officer

rejecting the proposal for appointment of the petitioner no.2 to the post

of headmaster merely on the ground that no such appointment could KVM

10 - WP 2698 OF 2021.doc be made in view of the dispute between the management.

10. Mrs.Gavhane, learned A.G.P. for the State vehemently opposes

this petition on the ground that in view of the dispute between the

management, Education Officer cannot sanction any appointment to

the post of headmaster. Learned A.G.P. however could not distinguish

the judgment of this Court in case of Murlidhar S/o. Janrao Kale &

Ors.(supra). The judgment of this Court in case of Murlidhar S/o.

Janrao Kale & Ors.(supra) applies to the facts of this Court. We are

respectfully bound by the said judgment.

11. Learned counsel for the petitioner in Writ Petition No.2698 of

2021 filed by the management states that his client has no objection if

the petitioner no.2 in Writ Petition (St) No.27881 of 2019 is authorized

to sign the pay slips and other documents required to be signed by the

headmaster of the school. It is submitted by the learned counsel that

the petitioner trust already having found petitioner no.2 as a senior

most suitable teacher has submitted his proposal to the Education

Officer for his approval. Statement is accepted.

12. Since this Court is of the view that the order passed by the KVM

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are totally perverse and based on the erroneous premise, both these

orders are quashed and set aside.

13. Education Officer is directed to consider the proposal made by

the management on 5th January, 2019 to appoint the petitioner no.2 to

the post of headmaster within three weeks from today in accordance

with law. It is made clear that the Education Officer cannot reject the

proposal on the ground that there is a dispute between the office

bearers of the Trust.

14. The Education Officer shall permit the petitioner no.2 in Writ

Petition (St) No.27881 of 2019 as authorized signatory to sign all the

documents including the pay slips from today.

15. It is made clear that if the approval is granted by the Education

Officer for the post of headmaster in favour of the petitioner no.2, the

salary of the petitioner no.2 shall be released as headmaster from the

date of initial appointment within three weeks thereafter.

16. Since this Court has set aside the impugned orders, the salary KVM

10 - WP 2698 OF 2021.doc bills of the teaching and non-teaching staff members stopped so far

shall be released within two weeks from today.

17. Writ petitions are allowed of in the aforesaid terms. No order as

to costs.

18. The parties to act on the authenticated copy of this order.

[R.I.CHAGLA, J.]                             [R.D.DHANUKA, J.]