Vasant S/O Govind Chavhan vs Education Officer (Secondary), Zilla ...
2024 Latest Caselaw 687 Bom

Bombay High Court

Vasant S/O Govind Chavhan vs Education Officer (Secondary), Zilla ... on 11 January, 2024

Author: M. S. Jawalkar

Bench: Avinash G. Gharote, Mukulika Shrikant Jawalkar

2024:BHC-NAG:431-DB
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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR.
                                WRIT PETITION NO. 2106 OF 2023
                                         Vasant Govind Chavhan
                                                  -Vs.-
                          Education Officer (Secondary), Z.P.Washim and others
           ----------------------------------------------------------------------------------------------
           Office notes, Office Memoranda of
           Coram, appearances, Court's orders      Court's or Judge's Orders.
           or directions and Registrar's orders.
           ----------------------------------------------------------------------------------------------
                                  Mr.P.R.Agrawal, counsel for the petitioner.
                                  Ms Prachi Joshi, AGP for the respondents-State.
                                  Mr.Paliwal, counsel for the intervener.
                                  Mr.R.S.Kurekar, counsel for the intervener.


                                                     CORAM : AVINASH G. GHAROTE &
                                                             SMT. M. S. JAWALKAR, JJ.

DATE : 11TH JANUARY, 2024

CIVIL APPLN. (W) NOS.1126 & 1583 OF 2023

Both the applications seek intervention at the hands of the members of the Ad Hoc Committee appointed to administer the Trust, which runs Shri Sevadas Education Society, Palodi, considering that their interest is involved, the applications are allowed and disposed of.

2. Addition be carried out forthwith.

WRIT PETITION NO. 2106 OF 2023

Heard Mr. Agrawal, learned counsel for the petitioner and learned AGP for the respondents. Also heard Advocates Mr.Paliwal and Mr. Kurekar, who waive notices for the added respondents/interveners.

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2. The petition questions the order dated 27/03/2023, passed by the Education Officer (Secondary)/respondent No.1 withdrawing the financial powers of the petitioner, who admittedly, is the approved headmaster of the Vasantrao Naik Secondary and Higher Secondary School, Palodi. Inviting our attention to the judgment in Murlidhar Janrao Kale v. State reported in 2011 (1) Mh.L.J. 849, it is contended that the impugned order is without authority as the Education Officer (Secondary) does not have any power to either freeze or withdraw the financial powers of the headmaster.

3. Though the learned AGP tries to justify the impugned order, it is however clear from what has been held in Murlidhar Janrao Kale (supra), that there is no power in the Education Officer to cancel/suspend or withdraw the approval or administrative and financial powers of a headmaster for any other reason than those mentioned in Rule 3(1) to (5) of the Maharashtra Employees of Private Schools (Condition of Service) Rules, 1981 (for short "MEPS Rules"). Admittedly, a perusal of the impugned communication dated 27/03/2023, indicates that it does not refer to Rule 3(1) to (5) of the MEPS Rules for the purpose of withdrawing the financial powers. Learned AGP has not been able to point out any statutory provision or rule in the MEPS Act or the Rules framed thereunder, which confer such powers upon the Education Officer (Secondary). In that view of the matter, the impugned communication dated 27/03/2023, in light of what has been held in Murlidhar Janrao Kale (supra)

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cannot be sustained. The communication dated 27/03/2023 (pg.15) is hereby accordingly quashed and set aside. The petition is accordingly allowed in the above terms. No costs.

(SMT.M.S.JAWALKAR, J) (A.G.GHAROTE, J)

Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 12/01/2024 15:15:37 KHUNTE