Bombay High Court
Masumiya Urdu Education Society, ... vs State Of Maharashtra, Thr. Secretary, ... on 24 January, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:1140-DB
J. wp 6590-2023.odt 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 6590/2023
Masumiya Urdu Education Society,
1. Malkapur, Regd. No.F-86, through
its Preseident, 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. Waqar Ahmad Khan Shabir Ahmed
Khan, Aged about 24 years,
Occupation : Service,
C/o. Z.A. Urdu High School and
Junior College, Muktai Nagar Road,
Malkapur, Tah. Malkapur,
District - Buldhana
... PETITIONERS
...VERSUS...
1. State of Maharashtra,
Through its Secretary, Education
& Sport Department, Mantralaya,
Mumbai - 32
2. The Education Officer (Secondary)
Zilla Parishad, Buldhana
... RESPONDENTS
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Shri R.D. Karode, Advocate for petitioners
Ms K.R. Deshpande, AGP for respondents
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CORAM : AVINASH G. GHAROTE AND
SMT. M.S. JAWALKAR, J.
DATE : 24/01/2024
JUDGMENT [PER : M.S. JAWALKAR, J.]
Rule. Rule made returnable forthwith by consent
of the parties.
2. The petitioner No.1 is a minority educational
institution and run the petitioner No.2 - School. In the said
School the post of Senior Clerk was vacant. The petitioner
Nos. 1 and 2 have published an advertisement for filling up
the said vacant post in daily newspaper 'Matrubhumi' and
'Deshonnatti'. In response to the advertisement, the petitioner
No.3 appeared before the selection committee and secured
highest mark than other candidates. The School Committee
passed a resolution and appointed petitioner No.3 on the post
of Senior Clerk as he possesses the qualification of H.S.C.,
English and Marathi Typing w.e.f. 25/07/2023. On
29/07/2022, the proposal for grant of approval to the
appointment of petitioner No.3 was forwarded to the
respondent No.2.
3. The proposal seeking approval to the appointment
of the Petitioner as a Senior Clerk is rejected. The proposal is
rejected on the basis of Government Resolution dated
04/05/2020.
4. The learned Counsel for the Petitioners submits
that under Government Resolution dated 04/05/2020 the
recruitment of non-teaching staff was banned on account of
COVID-19, however, under Government Resolution dated
12/04/2022 said ban has been lifted.
5. In view of this position, the impugned
communication dated 21/10/2022 by respondent No.2-
Education Officer (Secondary), Zilla Parishad, Buldhana is
hereby set aside.
6. The Education Officer (Secondary), Zilla Parishad,
Buldhana shall reconsider the proposal seeking approval to the
appointment of the Petitioner as a Senior Clerk. It may
consider the Government Resolution dated 12/04/2022, as
may be permissible. The decision shall be taken preferably
within three months.
7. Rule is made absolute in the above terms. No costs.
(JUDGE) (JUDGE)
Jayashree..
Signed by: Mrs. Jayashree Pethe
Designation: PA To Honourable Judge
Date: 31/01/2024 10:33:37
