Muslim Students Welfare ... vs Education Officer (Primary), ...
2023 Latest Caselaw 10467 Bom

2023:BHC-NAG:14921-DB
              WP 282-23                                   1                        Judgment
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                    NAGPUR BENCH, NAGPUR.
                                     WRIT PETITION NO. 282/2023

              1.     Muslim Students Welfare Association, Nandura,
                     through its President, R/o Nandura,
                     Tq. Nandura, Dist. Buldana.

              2.     Maulana Azad Primary School, Nandura,
                     through its Headmaster, R/o Nandura,
                     Tq. Nandura, Dist. Buldana.

              3.     Mirza Rizwan Ahmed Mirza Beig Rehman Beig,
                     Age 30 years, Occ. Service, R/o Motipura,
                     Buldana Road, Ward No.9, Nandura,
                     Tq. Nandura, Dist. Buldana.                                 PETITIONERS
                                                 -VERSUS-

              Education Officer (Primary), Zilla Parishad, Buldana,
              Tq. & Dist. Buldana.                                               RESPONDENT
              __________________________________________________________________________
                                 Shri P.S. Patil, counsel for the petitioners.
                              Shri B.N. Jaipurkar, counsel for the respondent.


              CORAM : A. S. CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.

DATE : OCTOBER 10, 2023 ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)

RULE. Rule made returnable forthwith and heard the learned

counsel for the parties.

2. The petitioners are aggrieved by the communication dated

08.09.2022 issued by the Education Officer (Primary) refusing to

approve the appointment of the petitioner no.3 on the post of Shikshan

Sevak. The reason for such rejection is the ban of recruitment in view

of the Government Resolution dated 04.05.2020.

WP 282-23 2 Judgment

3. In the reply filed on behalf of the Education Officer (Primary), it

has been stated in paragraph 6 that if the fresh proposal is submitted

by the petitioners the same would be considered in accordance with

law.

4. In view of aforesaid, the following order is passed :-

(I) The order dated 08.09.2022 passed by the Education Officer (Primary) rejecting the proposal forwarded by the petitioner no.2 is set aside.

(II) The petitioners shall submit a fresh proposal seeking approval to the appointment of the petitioner no.3. The same shall be considered within a period of four weeks of receiving such proposal which should be complete in all respect.

(III) The proposal shall not be rejected on the ground that at the relevant time there was ban on recruitment.

(IV) The decision taken be communicated to the petitioners.

5. Rule is disposed of in aforesaid terms with no order as to costs.

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

APTE

Signed by: Apte Designation: PS To Honourable Judge Date: 11/10/2023 11:56:07