Pawan Nivrutti Ingle vs State Of Maha., Thr. Secretary, ...
2022 Latest Caselaw 11847 Bom

WP 2029-2021                                       1                    Judgment

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.
                   WRIT PETITION NO. 2029 OF 2021

Pawan Nivrutti Ingle,
Aged about 37 years,
Occupation - Service,
R/o Gokul Nagar, Jafrabad Road,
Chikhli, Taluka Chikhli, District Buldana.
                                                                  PETITIONER
                                 .....VERSUS.....
1.    State of Maharashtra,
      through its Secretary, Department of School Education & Sports,
      Mantralaya, Mumbai - 400032.

2.    The Education Officer (Secondary),
      Buldana, Taluka and District Buldana.

3.    Maharana Pratap Shikshan Sanstha,
      Akola, through its President Dnyandeo Narayan Ingle.

4.    Maharana Pratap Vidyalaya,
      Veer Sawarkar Nagar, Rautwadi Stop,
      Chikhli, Taluka Chikhli, District Buldana.
                                                               RESPONDENT S

                                   WITH

                   WRIT PETITION NO. 1256 OF 2021

Yogesh Prakashsingh Parihar,
Aged about 28 years,
Occupation - Service,
R/o Gajanan Nagar, Ward No. 17,
Chikhli, Taluka Chikhli, District Buldana.
                                                                  PETITIONER
                                 .....VERSUS.....
1.    State of Maharashtra,
      through its Secretary, Department of School Education & Sports,
      Mantralaya, Mumbai - 400032.

2.    The Education Officer (Secondary),
      Buldana, Taluka and District Buldana.

3.    Maharana Pratap Shikshan Sanstha,
      Akola, through its President Dnyandeo Narayan Ingle.
 WP 2029-2021                                         2                   Judgment

4.      Maharana Pratap Vidyalaya,
        Veer Sawarkar Nagar, Rautwadi Stop,
        Chikhli, Taluka Chikhli, District Buldana.
                                                                    RESPONDENTS

      Shri M.V. Samarth, Senior Advocate with Shri V.P. Ingle, Advocate for the
                                     petitioners.
     Ms. S.S. Jachak, Assistant Government Pleader for respondent Nos. 1 and 2/
                                        State.
            Shri R.S. Kalangiwale, Advocate for respondent Nos. 3 and 4.


CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI, JJ.

DATE : 18/11/2022 ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)

Rule. Rule made returnable forthwith and heard the learned

Counsel for the parties.

2. The challenge raised in both these Writ Petitions is to the

rejection of the prayer for grant of approval to the appointments of the

petitioners on the post of Shikshan Sewak. It is the case of the petitioners

that pursuant to the vacancies arising at the respondent No.4 - School

which was being run by respondent No.3 - Society, the petitioners came

to be recruited after following the prescribed procedure. The

Management submitted the proposal seeking grant of approval on

7/3/2019. Since the proposal was not being considered, the petitioners

had approached this Court in Writ Petition No. 8414/2019. This Court

had directed the Education Officer (Secondary) to take a decision in the

matter. Pursuant thereto, on 13/3/2020, an order has been passed

refusing to approve the appointments of the petitioners.

WP 2029-2021 3 Judgment

3. The learned Senior Counsel for the petitioners submitted that

the petitioners were appointed after following the due procedure. Being

duly qualified and having been appointed on vacant sanctioned posts,

their appointments were liable to be verified. However, without

considering the requisite material, the proposal has been rejected. An

attempt was made to demonstrate the aspect that the deficiencies

mentioned in the impugned order were non-existent. It was therefore

submitted that the approval was liable to be granted to the petitioners'

appointments.

4. The learned Assistant Government Pleader appearing for

respondent Nos. 1 and 2 supported the impugned order. By placing an

additional affidavit on record, it has been stated that pursuant to

retirement of two Assistant Teachers in the months of April and May -

2017, the petitioners were appointed pursuant to the advertisement as

issued. Though, an application seeking permission to publish the

advertisement was made, the same was not considered. It is therefore

submitted that the approval has been rightly rejected.

The learned Counsel for respondent Nos. 3 and 4 supported

the stand of the petitioners.

5. On hearing the learned Counsel for the parties and after

perusing the documents on record, we find that the aspect whether the WP 2029-2021 4 Judgment

deficiencies mentioned in the impugned order have been removed is a

matter to be considered by the Education Officer (Secondary). At the

same time, the reason for issuing the advertisement after making an

application for the same and prior to such permission being granted has

also to be considered by the Education Officer (Secondary). It is therefore

necessary for the Education Officer (Secondary) to apply his mind to the

material on record and consider the proposal afresh.

6. For the aforesaid reasons, the following order is passed :

i. The order dated 13/3/2020 passed by the Education Officer

(Secondary) in both the Writ Petitions is set aside. The Education Officer

(Secondary) is directed to re-consider the aforesaid proposal by granting

due opportunity of hearing to respondent Nos. 3 and 4 as well as to the

petitioners. To enable such exercise to be undertaken, the petitioners

along with respondent Nos. 3 and 4 shall attend the office of the

Education Officer (Secondary) on 3/12/2022. A decision on the said

proposal be taken within a period of four weeks from that date and the

same be communicated to the parties.

ii. Rule is made absolute in the aforesaid terms. No costs.

                                    (M.W. CHANDWANI, J.)            (A.S. CHANDURKAR, J.)
                         SUMIT
Digitally signed bySUMIT CHETAN
AGRAWAL
Signing Date:18.11.2022 16:56