Shahbabu Education Society, ... vs State Of Maharashtra, Thr. ...
2023 Latest Caselaw 11622 Bom

2023:BHC-NAG:16400-DB




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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                        NAGPUR BENCH : NAGPUR


                                   WRIT PETITION NO.7688 OF 2023


              1)   Shahbabu Education Society,
                   Patur, District Akola, a Society
                   registered under the Societies
                   Registration Act, 1860 and Bombay
                   Public Trust Act, 1950 having
                   Registration No.F-67 AKL, through
                   its Secretary Mr. Syed Ishaque
                   Syed Nabi, aged about 74 years,
                   occupation : retired.

              2)   Shahbabu Urdu High School,
                   Patur, District Akola, through its
                   Head Master - Mr. Mujibullah Khan,
                   aged about 50 years,

              3)   Mr. Mohd. Wasif Mohd. Hudain,
                   aged about 32 years, occupation :
                   service (working as Clerk) in
                   Shahbabu Urdu High School,
                   Patur, District Akola (Maharashtra
                   State).                                      ...   Petitioners

                                    - Versus -

              1)   State of Maharashtra, through its
                   Secretary, School Education, Mantralaya,
                   Mumbai - 400 032.

              2)   Director of Education (Secondary &
                   Higher Secondary), Maharashtra State,
                   Pune.

              3)   Education Officer (Secondary),
                   Zilla Parishad, Akola.                       ...   Respondents


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Shri S.N. Tapadia, Advocate for petitioners.
Shri A.A. Madiwale, Assistant Government Pleader for respondents.
             ----------------

     CORAM : A.S. CHANDURKAR AND ABHAY J. MANTRI, JJ.

DATED : NOVEMBER 09, 2023

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

Rule. Rule is made returnable forthwith. Shri Madiwale,

learned Assistant Government Pleader waives notice for the respondents.

2) The petitioner nos.1 and 2 sought approval to the

appointment of the petitioner no.3 on the post of Junior Clerk. The said

proposal came to be rejected on 9/11/2020 pointing out various

deficiencies in the said proposal. According to the petitioners, on

24/11/2020 the said deficiencies have been removed. Thereafter request

has been made to consider the aforesaid proposal since the deficiencies

stood removed. The reminders are dated 28/1/2021 and 5/4/2021.

Since no steps were taken, the final reminder dated 6/3/2023 was issued

to the respondent no.3 Education Officer (Secondary).

3) In these facts, since the petitioners seek re-consideration of

the proposal by urging that all the deficiencies have been removed, the

writ petition is disposed of by directing the respondent no.3 Education

Officer (Secondary) to consider the proposal dated 9/6/2020 afresh in the 3 wp7688.23

light of the stand taken by the petitioners that all the deficiencies have

been removed. The same be re-considered within a period of four weeks

of receiving copy of this judgment. The decision taken be communicated

to the petitioners.

4) Rule is made absolute in the above terms. No costs.

                                              JUDGE                                           JUDGE




                              khj




Signed by: Kamal H. Jeswani
Designation: Additional Secretary
Date: 09/11/2023 18:35:48