Jijamata Shikshan Prasarak ... vs State Of Maharashtra Through ...
2023 Latest Caselaw 752 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH : NAGPUR

                      WRIT PETITION NO.7891/2019

1.   Jijamata Shikshan Prasarak Sanstha Ansing,
     Registered Under Societies Registration Act
     Bearing Registration No.F1421 Through its
     President Shri Pandurang S/o. Tukaramji Thakre,
     Aged about 61 years, Occu. Business/Agriculture,
     R/o. At Post Ansing, Tq. and Dist. Washim.

2.   Jijamata Junior College, Ansing,
     Tq. and Dist. Washim, through its Principal.

3.   Jijamata HSC Vocational Course,
     Ansing, Tq. and Dist. Washim, through its
     Principal and Head of Department.                      PETITIONERS

            VERSUS
1.   State of Maharashtra through its Secretary,
     Ministry of Higher and Vocational Education,
     Mantralaya, Extension Bhavan, Mumbai - 400 032.

2.   Joint Director of Vocational Education,
     Amravati Region, Amravati.

3.   Inspector,
     District Vocational Education and Training Officer,
     Akola.                                                 RESPONDENTS

Mr. R. L. Khapre, Senior Advocate with Mr. A. P. Thakre, Advocate for the
Petitioners.
Mr. A. A. Madiwale, A.G.P. for Respondent Nos.1 to 3/State.

            CORAM :      A. S. CHANDURKAR AND
                         MRS.VRUSHALI V. JOSHI,JJ.
            DATED :      JANUARY 20, 2023


ORAL JUDGMENT (PER : A. S. CHANDURKAR, J.)

1.          Heard.
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2.           Rule. Rule made returnable forthwith and heard the learned

Counsel for the parties.


3.           The petitioner No.1 - Society is running the petitioner Nos.2

and 3 - Education Institutions. It desires to fill-in the post of a teacher in

the subject of Accounting and Office Management since the earlier

incumbent had retired on 31.05.2019.        Application in that regard was

made on 21.06.2019 followed by reminder dated 25.06.2019. Since no

decision thereon was taken, this writ petition has been filed.


4.           We have heard the learned Counsel for the parties and we

have perused the affidavit in reply filed on behalf of the respondents. One

of the reasons assigned in the reply is the Government Resolution dated

04.05.2020 that relates to ban on recruitment. This was in view of the

prevalence of the Covid-19 pandemic. Another reference is to applicability

of the Government Resolution dated 30.06.2017.              We find that the

aforesaid proposals are still pending with the respondent No.3. Interests of

justice would be served by directing the respondent Nos.2 and 3 to

consider the aforesaid application dated 21.06.2019 by granting of

opportunity of hearing to the petitioners so that all relevant aspects can be

considered by the Authorities.


5.           Accordingly, the following order is passed :
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                                                                 ORDER

i] The petitioner's request for seeking permission for

appointment of a teacher on the post of Accounting and Office

Management dated 21.06.2019 shall be considered by

respondent Nos.2 and 3 in accordance with law within a

period of four weeks from receiving copy of the judgment.

ii] The necessary decision be taken in accordance with the

prevailing policy and after giving an opportunity to the

petitioners. If the respondent Nos.2 and 3 seek any guidance

from the respondent No1, they are free to take such steps in

that regard. The decision taken be communicated to the

petitioners.

6. With these directions, the writ petition is disposed of. No

costs.

(MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.)

RGurnule .

Digitally signed byRANJANA MANOJ MANDADE Signing Date:23.01.2023 11:14