Ramesh Shikshan Sanstha, ... vs State Of Maha., Thr. Secretary, ...
2022 Latest Caselaw 11995 Bom

                                                                     WP.4465.22
                                     1


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

WRIT PETITION NO. 4465 /2022

1) Ramesh Shikshan Sanstha Kudegaon: Through Its President Smt.Tarabai Jaideo Meshram Aged 76 years, office at Vaishali Nagar Khat Road, Bhandara, Dist. Bhandara.

2) Panchsheel Pre-Secondary (Primary )School Bhagdi : Through its I/c Head Master Naresh Jaideo Meshram Aged 46 years, at Po: Bhagdi, Tal. Lakhandur Dist.Bhandara.

3) Rohankumar Kundan Motghare Aged 30 years occu: service R/o At Post :Kondha, Tal.Paoni, Dist.Bhandara. ..PETITIONERS

versus

1) State of Maharashtra Through its Secretary School Education Department Mantralaya, Mumbai-32.

2) The Director of Primary Education State of Maharashtra Central Building, Pune-110001.

3) The Deputy Director of Education Nagpur Division, Balbharti, Opp: Dhantoli Park, Dhantoli, Nagpur 440 012.

4)     The Education Officer (Primary)
Zilla Parishad, Bhandara.                          ..       RESPONDENTS





                                                                                                 WP.4465.22

..................................................................................................................

Mr. B.G. Kulkarni, Advocate for Petitioner

Mr. R.S.Khobragade, Advocate for Respondent No.4 ................................................................................................................

CORAM: A.S. CHANDURKAR & ANIL L. PANSARE, JJ DATED : 22nd November, 2022.

ORAL JUDGMENT: (Per A.S. Chandurkar, J.)

1. Rule. Rule made returnable forthwith. Heard finally with

consent of learned counsel for the respective parties.

2. Challenge raised in this writ petition is to the order dated

12.04.2022 passed by the Education Officer (Primary),Zilla Parishad

Bhandara thereby refusing to approve the appointment of petitioner

No.3.

3. It is undisputed that the proposal made by the petitioner

No.1 seeking approval came to be rejected by an order dated

24.03.2021. That order was challenged in writ petition No.2517/2021

and by the judgment dated 07.03.2022 after setting aside that decision,

it is observed that the ban on recruitment would not be applicable to

minority institutions while undertaking recruitment. The Education

Officer was directed to reconsider the said proposal. On reconsideration,

the very same reason has again been furnished by stating that on

05.05.2020 Government Resolution (GR) was issued seeking to ban

WP.4465.22

fresh recruitment.

4. On hearing the learned counsel for the parties, we find that

this very circular dated 05.05.2020 has been subsequently recalled by

the State Government on 07.12.2020. As a result, the GR dated

05.05.2020 no longer operates. Despite the GR dated 07.12.2020 the

Education Officer (Primary) has relied upon the earlier GR. We find

that the Education Officer was not justified in rejecting the approval on

this ground.

5. Since the only reason for refusing the approval was the

issuance of GR dated 05.05.2020 and the same having now been

withdrawn, it is directed that the Education Officer (Primary) shall

grant approval to the appointment of petitioner no.3 if there is no other

legal impediment that prevents him from doing so. Necessary steps be

taken within a period of four weeks, of receiving the copy of the

judgment.

6. Rule is made absolute accordingly. No costs.

(ANIL .PANSARE,J.) (A.S.CHANDURKAR, J.)

sahare