Bombay High Court
Shri Vishwas Ganpati Patil vs The State Of Maharashtra Thr The ... on 4 December, 2023
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2023:BHC-AS:36535-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10798 OF 2022
Vishwas Ganpati Patil, ]
Age : 44 Yrs., Occ.: Service, ]
R/o. A/P, Nivade, Tal. Panhala, Dist. Kolhapur. ] .. Petitioner
Versus
1. The State of Maharashtra, ]
Through the Secretary, ]
School Education & Sports Department, ]
Mantralaya, Mumbai - 400 032. ]
2. The Commissioner of Education, ]
School Education Department, ]
Maharashtra State, Pune. ]
3. The Director of Education, ]
(Secondary and Higher Secondary), ]
Maharashtra State, Pune - 1. ]
4. The Deputy Director of Education, ]
Kolhapur Region, Kolhapur, ]
having office at Somwar Peth, Hatti Mahal, ]
Ganji Galli, Kolhapur - 416 002. ]
5. The New Education Society, ]
Having office at 1014 'A' Ward, ]
New Mahadwar Road, Kolhapur, ]
Through its President / Secretary ]
6. Junior College of Education (DLEd), ]
Petala, New Mahadwar Road, Kolhapur, ]
Through its Principal. ] .. Respondents
Mr. Prashant Bhavake for the Petitioner.
Mr. S.B. Kalel, AGP for Respondent Nos.1 to 4-State.
Mr. Utkarsh Desai for Respondent Nos.5 and 6.
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CORAM : A.S. CHANDURKAR &
FIRDOSH P. POONIWALLA, JJ
DATE : 4TH DECEMBER, 2023.
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. RULE. Rule made returnable forthwith and heard finally by consent of
learned counsel for the parties.
2. The petitioner, who came to be appointed on the post of Shikshan Sevak
on 28th October 2013, is aggrieved by the communication dated 4 th October
2021 issued by the Deputy Director of Education, Kolhapur Division, Kolhapur,
rejecting the proposal seeking approval to the petitioner's appointment on the
post of Shikshan Sevak, after noticing various deficiencies therein. It is
submitted by the learned counsel for the petitioner that without indicating the
said deficiencies and granting an opportunity to remove the same, the
impugned communication rejecting the proposal of the petitioner has been
issued.
3. We find that the impugned communication proceeds to return the
proposal only on the ground that there were various deficiencies in the same. It
would have been in the fitness of things for the Deputy Director of Education to
have first indicated the deficiencies and thereafter granted an opportunity to
the concerned parties to remove the same. Since this course has not been
followed, we find that for want of opportunity to remove the deficiencies, the
petitioner has been prejudiced. An opportunity to remove the deficiencies
deserves to be granted to the petitioner.
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4. Accordingly, the following order is passed :-
(i) The impugned communication dated 4th October 2021
issued by the Deputy Director of Education, Kolhapur
Division, Kolhapur is set aside.
(ii) The deficiencies indicated in the proposal of the
petitioner shall be removed by the petitioner as well as
respondent nos.5 and 6 and a fresh proposal thereafter
shall be accordingly submitted in the office of
respondent no.4.
(iii) After receiving such fresh proposal, respondent no.4
shall consider the same and take a decision thereon
within a period of six weeks of receiving the entire
documents.
(iv) The parties can seek an opportunity of hearing before
such decision is taken.
(v) Respondent no.4 shall communicate its decision to the
petitioner as well as respondent nos.5 and 6.
(vi) Keeping all points raised on merits open, the writ
petition is disposed of with the aforesaid directions.
(vii) Needless to state that, in case the appointment of the
petitioner is approved, all consequential steps following
the same shall be taken.
5. Rule is disposed of in the above terms.
[ FIRDOSH P. POONIWALLA, J. ] [ A.S. CHANDURKAR, J. ]
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