Bombay High Court
Tahir Mustafa Mushrif And Ors vs State Of Maharashtra Thr. Prin. Sec. ... on 29 November, 2023
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
Digitally signed by
RAMESHWAR RAMESHWAR
LAXMAN LAXMAN DILWALE
2023:BHC-AS:37212-DB
DILWALE Date: 2023.12.12
19:14:18 +0200
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11553 OF 2022
1. Tahir Mustafa Mushrif }
Age 28 years, Occupation : Service }
Residing at Dargah Chowk, Mali }
Galli, Miraj, District Sangli 416410 }
2. Al-Amin Education Society, Miraj }
Having its office at Miraj 5883, High }
School Road, Miraj, District }
Sangli 416410 through its }
President/ Secretary }
3. Dr. Salim Urdu Highschool through }
Its Head Master having office at }
Miraj Malgaon Road, Aman Nagar }
Miraj, Dist. Sangli 416 410 } .. Petitioners
Vs.
1. State of Maharashtra }
Through the Principal Secretary }
Department of School Education }
Having office at Mantralaya, }
Mumbai 400 032 }
2. Deputy Director of Education, }
Kolhapur Division, Kolhapur }
3. Education Officer (Secondary) }
Zilla Parishad, Sangli } .. Respondents
...
Mr. Mandar G. Bagkar for the Petitioners.
Mr. S.B. Kalel, AGP for the Respondent 1 to 3.
...
CORAM : A.S. CHANDURKAR &
FIRDOSH P. POONIWALLA, JJ
DATE : 29TH NOVEMBER, 2023.
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ORAL JUDGMENT : (PER : A.S. CHANDURKAR, J)
1. Rule. Rule is made returnable forthwith.
2. Heard learned counsel for the parties.
3. The Petitioner no.1 came to be appointed on the post of
Junior Clerk on 01/01/2021 with Petitioner no.3-school. The
proposal for grant of approval came to be rejected by the
Education Officer (Secondary) for the reason that there was a
ban on recruitment pursuant to the Government Resolution
dated 04/05/2020.
4. According to the learned counsel for the Petitioner, though
such ban on recruitment was operating pursuant to Government
Resolution dated 04/05/2020, as observed by the co-ordinate
Bench in its judgment dated 26th April 2023 in Writ Petition (St)
No. 4493/2022 in the matter of Gramvikas Shikshan Mandal
& Others Vs. The State of Maharashtra & Others the post
in question cannot perpetually remain vacant. Since the
Petitioner no.1 was appointed after following the due process of
law, the ban on recruitment could not have been put forth to
refuse consideration of the proposal for grant of approval.
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Rameshwar Dilwale
5. The learned Assistant Government Pleader has relied upon
the affidavit-in-reply filed on behalf of the Education Officer,
Secondary stating therein that the proposal was rejected only for
that reason.
6. The issue with regard to refusal to grant approval in view of
the ban on recruitment pursuant to Government Resolution
dated 04/05/2020 has been the matter of consideration by this
Court in various Writ Petitions. In the case of Gramvikas
Shikshan Mandal & Ors (supra), this Court has observed that
such posts cannot be permitted to be kept vacant for an
indefinite period. The facts of the present case indicate that the
recruitment has been made on 01/01/2021, by which time the
pandemic situation had partly subsided. We find in addition that
the Petitioner no.3 School is a minority institution and therefore,
we deem it appropriate to direct re-consideration of the proposal
seeking such approval.
7. Accordingly, the following order is passed :
ORDER
(i) The orders dated 27/01/2021 and 01/12/2021 passed
by the Education Officer (Secondary) refusing to grant
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approval to the appointment of the Petitioner No.1 are set
aside. The Education Officer (Secondary) to re-consider
the proposal dated 29/11/2021 in accordance with law.
He shall not reject the same by relying upon the
Government Resolution dated 04/05/2020. Necessary
decision on said proposal be taken within period of 8
weeks of providing copy of this judgment.
(ii) Needless to state that in case the appointment of the
Petitioner No.1 is approved, the Deputy Director of
Education shall take all consequential steps, including
grant of Shalarth number in accordance with law.
(iii) Rule is made absolute in the aforesaid terms with no
order as to costs. Writ petitions are disposed of.
[ FIRDOSH P. POONIWALLA, J] [A.S. CHANDURKAR, J. ]
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