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:1139-DB
J. wp 7233-2023.odt 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 7233/2023
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. Mohd. Sharjil Mohd. Hafizur
Rehman, Aged about 21 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
--------------------------------------------------------------------------------------
Shri R.D. Karode, Advocate for petitioners
Ms K.R. Deshpande, AGP for respondents
--------------------------------------------------------------------------------------
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 Junior 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 Junior Clerk as he possesses the qualification of H.S.C., Ms-
CIT w.e.f. 27/07/2023. On 01/08/2022, the proposal for
grant of approval to the appointment of petitioner No.3 was
forwarded to the respondent No.2. The respondent No.2
rejected the proposal of the petitioner No.3.
3. The proposal seeking approval to the appointment
of the Petitioner as a Junior 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 17/10/2022 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 Junior Clerk. He 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 15:01:54
