Bombay High Court
Maheshwari Vidya Pracharak ... vs The State Of Maharashtra Thr. ... on 16 September, 2021
Bench: R.D. Dhanuka, Abhay Ahuja
1 22 WP 4488-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4488 OF 2021
Maheshwari Vidya Pracharak Mandal
Through Secretary & Anr. ... Petitioners
Vs.
The State of Maharashtra
Thr. Secretary of School Education Dept. & Ors. ... Respondents
-------
Mr. Laxman S. Deshmukh i/b Mr. Priyal G. Sarda, Advocate for Petitioners.
Mrs. P. J. Gavhane, AGP, for State- Respondent Nos. 1 to 3.
-------
CORAM : R.D. DHANUKA &
ABHAY AHUJA, JJ.
DATE : 16th SEPTEMBER 2021
P.C. :
. Issue notice to respondent No.4 returnable on 7 th October 2021 to
be placed on 'High on Board'.
2. Hamdust is permitted.
3. Private service is permitted by all permissible modes in law.
4. Affidavit-in-Reply to be filed within two weeks from today with copy
to be served upon petitioners' Advocate simultaneously. Rejoinder, if any,
to be filed within one week thereafter with a copy to be served upon
respondents Advocate simultaneously.
mp 1 of 3
2 22 WP 4488-2021.odt
5. Perusal of the communication of order dated 20 th July 2021 issued
by the Education Officer, Zilla Parishad Solapur directing the petitioners to
appoint respondent No.4, and send his proposal and threatening the
petitioners to stop the grant, if the said directions are not complied with is
prima facie without jurisdiction. The communication is also contrary to
the Judgment of Hon'ble Supreme Court in the case of Chairman and
Managing Director, Food Corporation of India and Ors. v/s. Jagdish
Balaram Bahira and Ors. (2017) 8 Supreme Court Cases 670, holding that,
open category candidate cannot be appointed to the post of reserved
category. Though the cast certificate produced by respondent No.4 has
been invalidated time and again, and the petition filed by him are
dismissed by this Court, it appears that respondent No.4 had approached
to Education Officer (Secondary) for issuing such threats to the
petitioners.
6. The communication dated 20th January 2021 is stayed. The
Education Officer (Secondary) should file an Affidavit as to on what basis
he issued communication dated 20th January 2021 though the respondent
No.4 did not have any cast validity certificate and to satisfy this Court on
what basis threats are issued to the petitioners withholding grant if such
illegal directions issued on 20th January 2021 and not complied with.
7. It is made clear that if this Court is not satisfied with the
explanation that would be given by respondent No.3, this Court will direct
the competent authority to look into the matter seriously and to take
appropriate action against the Education Officer for issuing such threats to
the petitioner illegally.
mp 2 of 3
3 22 WP 4488-2021.odt
8. Learned AGP to convey this order to Education Officer (Secondary)
Zilla Parishad, Solapur for his information and compliance.
9. All the parties to act upon an authenticated copy of this order.
(ABHAY AHUJA, J.) (R.D. DHANUKA, J.)
mp 3 of 3
