Bombay High Court
Masumiya Urdu Education Society, ... vs State Of Maharashtra, Thr. Secretary, ... on 18 January, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:835-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION No. 6629 OF 2023
PETITIONERS: : 1 Masumiya Urdu Education Society,
Malkapur, Regd. No. F-86, through
its President, Tah. Malkapur,
District - Buldhana.
2 Z.A. Urdu High School and Junior
College, through its Head Master,
Muktai Nagar Road, Malkapur, Tah.
Malkapur, District - Buldhana.
3 Sameer Khan S/o. Karim Khan,
Aged about 28 years, Occ: Service,
C/o. Z.A. Urdu High School and
Junior College, Muktai Nagar Road,
Malkapur, Tah. Malkapur,
District - Buldhana.
Vs.
RESPONDENTS : 1 State of Maharashtra,
Through its Secretary, Education
& Sport Department, Mantralaya,
Mumbai-32
2 The Education Officer (Secondary)
Zilla Parishad, Buldhana.
WITH
WRIT PETITION No. 6633 OF 2023
PETITIONERS: : 1 Masumiya Urdu Education Society,
Malkapur, Regd. No. F-86, through
its President, Tah. Malkapur,
District - Buldhana.
2 61-wp-6629-2023-J.odt
2 Z.A. Urdu High School and Junior
College, through its Head Master,
Muktai Nagar Road, Malkapur, Tah.
Malkapur, District - Buldhana.
3 Amrin Saba Mohd. Aziz,
Aged about 32 years, Occ: Service,
C/o. Z.A. Urdu High School and
Junior College, Muktai Nagar Road,
Malkapur, Tah. Malkapur,
District - Buldhana.
Vs.
RESPONDENTS : 1 State of Maharashtra,
Through its Secretary, Education
& Sport Department, Mantralaya,
Mumbai-32
2 The Education Officer (Secondary)
Zilla Parishad, Buldhana.
Shri R.D. Karode, Advocate for the petitioners.
Ms. K.R. Deshpande, AGP for respondent nos. 1 and 2.
CORAM: AVINASH G. GHAROTE AND
SMT. M.S. JAWALKAR, JJ.
DATED : 18th JANUARY, 2024.
JUDGMENT (Per : SMT. M.S. JAWALKAR, J.)
Heard.
2. Rule. Rule made returnable forthwith.
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3. Heard finally with the consent of learned counsel
appearing for rival parties.
4. It is contended that, the proposal for grant of
approval to the appointment of the petitioner no. 3 was
forwarded to the respondent no. 2 by petitioner nos. 1 and 2.
The respondent no. 2 Education Officer (Secondary) has
rejected the proposal of the petitioner nos. 1 and 2 for grant
of approval to the appointment of petitioner no. 3 on the
ground that there is no directions from the State Government
for recruitment of non-teaching staff. The petitioner no. 3 is
seeking approval to the appointment on the post of Shikshan
Sevak and not on any non-teaching post. On 04/05/2020,
the State Government imposed the ban on recruitment. On
07/12/2020, the State Government had lifted said ban. The
appointment of petitioner no. 3 is after lifting the ban by the
State Government.
5. The appointment of the petitioner no. 3-teacher
having not been approved by the Education Officer, the
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orders rejecting the approval to the post of petitioner no. 3
are under challenge.
6. The petitioner no. 3 has been appointed as
Shikshan Sevak in the School which is stated to be Minority
Institution. The reference in the impugned orders also is to
the Government Resolution dated 04.05.2020 thereby putting
a ban on the recruitment of the teachers in the Minority
Institutions.
7. After hearing the learned counsel for the parties,
we find that the issue with regard to the applicability of the
ban on the recruitment insofar as the Minority Institutions
are concerned has been settled by holding that such ban is
not applicable when the recruitment is undertaken by the
Minority Institutions. The decisions in Writ Petition No.2538
of 2021 (Ubhajo Shikshan Sanstha & Others Versus State of
Maharashtra & Others) decided on 16.11.2021 and Writ
Petition No.1050 of 2021 (Prerana Samajik Sanskrutik Bahu-
Uddeshiya Shikshan Sanstha & Others Versus State of
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Maharashtra & Others) decided on 07.03.2022 consider the
aforesaid aspect.
8. Since the approval has been refused only on this
count and on the ground that there is no directions from the
State Government for recruitment of non-teaching staff, we
find that it would be necessary for the Education Officer
(respondent no. 2) to re-consider the matters in the light of
the aforesaid decisions and also the petitioner no. 3 is
seeking approval to the appointment on the post of Shikshan
Sevak and not on any non-teaching post.
9. Hence, for the reasons assigned in the decisions
referred to hereinabove, the impugned order(s) is/are set
aside. The Education Officer is directed to re-consider the
proposal for grant of approval to the appointment of the
petitioner no. 3, sent by his/their School. The approval shall
not be rejected only on the ground of ban so also on the
ground that, there is no directions from the State
Government for recruitment of non-teaching staff. The
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necessary decisions be taken within a period of four weeks of
receiving the copy of this order.
10. Accordingly, the Writ Petitions stand disposed of.
11. Rule is made absolute in the aforesaid terms with
no order as to costs.
(SMT. M.S.JAWALKAR, J.) (AVINASH G. GHAROTE, J.)
B.T.Khapekar
Signed by: Mr. B.T. Khapekar
Designation: PA To Honourable Judge
Date: 22/01/2024 14:26:47
