Bombay High Court
Akash S/O Sadashivrao Wanjari And ... vs The State Of Maharashtra, Thr. ... on 15 January, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:671-DB
Judgment 1 54wp4925.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4925/2023
(1) Shri Akash S/o Sadashivrao Wanjari,
Aged about 27 years, Occ. Service,
R/o. C/o Shahu Maharaj Vidyalaya Salod,
Tah. Nangaon (Khandeshwar),
Dist. Amravati
(2) Shri Tausifkhan Nasibkhan Pathan,
Aged about 31 years, Occ. Service,
R/o. C/o Dadasaheb Gavai Vidyalaya,
Ratnapur, Tah. Dharni, Dist. Amravati
(3) The President,
Rahul Vyam Prasarak Mandal,
Bhumiputra Colony, Amravati,
Tq. & Dist. Amravati
(4) The Head Master,
Shahu Maharaj Vidyalaya Salod,
Tah. Nandgaon (Khandeshwar),
Dist. Amravati
(5) The Head Master,
Shri Dadasaheb Gavai Vidyalaya,
Ratnapur, Tah. Dharni, Dist. Amravati
.... PETITIONER(S)
// VERSUS //
(1) State of Maharashtra,
Through its Secretary,
Department of School Education and Sports,
Mantralaya, Mumbai-32
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Judgment 2 54wp4925.23.odt
(2) The Education Officer (Secondary),
Zilla Parishad, Amravati,
Tq. & Dist. Amravati
.... RESPONDENT(S)
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Mr. S.U. Ghude, Advocate for the Petitioner(s)
Mr. N. Autkar, AGP for the Respondent/State
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CORAM : AVINASH G. GHAROTE &
SMT. M.S. JAWALKAR, JJ.
JANUARY 15, 2024
ORAL JUDGMENT :- (PER: SMT. M.S. JAWALKAR, J.)
. RULE. Rule made returnable forthwith. Heard finally with
the consent of the parties.
(2) Petitioner Nos. 1 & 2 are the Shikshan Sevaks, holding
qualifications of B.A. & B.Ed. As per the advertisement of
Petitioner Nos. 4 & 5 - Schools, they were selected and appointed
as Shikshan Sevaks on 05/08/2022 & 26/07/2022 respectively.
Petitioner Nos. 4 & 5 are the Minority Institutions run by
Petitioner No. 3 - Institution. After the selection of Petitioner
Nos. 1 & 2, Petitioner Nos. 4 & 5 forwarded the proposals to
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Judgment 3 54wp4925.23.odt
Respondent No. 2 for approval for the posts of Shikshan Sevak.
However, vide communications dated 29/09/2022, the
Respondent No. 2 rejected the proposal, on the ground, that as
per Government Resolution dated 04/05/2020 and
communication dated 05/05/2020, there is a ban on recruitment.
Being aggrieved by the impugned orders/communications dated
29/09/2022, the Petitioners are before this Court.
(3) Learned Advocate for the Petitioners vehemently submits
that Respondent No. 2 - Education Officer, without considering
the settled position of law and the decision of this Court dated
07/03/2020 in Writ Petition No. 1050/2021, passed the impugned
orders, therefore, the same are liable to be quashed and set aside.
He has further relied upon the decisions of this Court in Writ
Petition Nos. 4037/2022 and 2538/2021 dated 02/03/2023 and
dated 16/11/2021, respectively. According to the learned
Advocate for the Petitioners, in Writ Petition No. 2538/2021, this
Court has already dealt with the issue involved in the present
Petition and held that the said GR and letter/communication do
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Judgment 4 54wp4925.23.odt
not apply to the Minority Institutions while making any
recruitment and therefore, he has prayed for allowing this
Petition.
(4) Learned AGP for Respondents/State submits that the
Court may pass an appropriate order in the light of settled
position of law.
(5) Having heard rival contentions of the parties and on
perusal of the orders passed by this Court in the Petitions
referred above, it seems, that while passing the order in Writ
Petition No. 2538/2021, this Court has clarified that the ban on
recruitment would not be applicable to the Minority Institutions.
Likewise, it reveals from the decision in Writ Petition
No. 4037/2022 that the State Government has taken a decision to
lift the ban on recruitment and to permit Minority Institutions to
fill in vacant posts. On perusal of Government Resolution dated
04/05/2020, prima facie it seems that for 2020-21 financial year,
the State Government has imposed restrictions on account of the
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Judgment 5 54wp4925.23.odt
Covid pandemic, it does not appear that the said restrictions are
applicable for further financial years.
(6) It is to be noted that despite the opportunity given, the
Respondents/State have not filed a reply to the Petition to resist
the claim of the Petitioners.
(7) On perusal of the impugned communications, it seems that
Respondent No. 2, by referring Government Resolution dated
04/05/2020 and letter dated 05/05/2020, observed that due to
the ban on recruitment, the Respondent No. 2 has rejected the
proposals forwarded by the Petitioner Nos. 4 & 5, without
considering the settled position of law and the decisions in the
Petitions referred supra. In view of the above discussion, it seems
that the issue raised by the Respondent No. 2 has already been
dealt with by this Court in Writ Petition Nos. 2538/2021 and
1050/2021 (supra) and therefore, the present case is also covered
by the judgments in the said Petitions. That being so, we deem it
appropriate to set aside the impugned communications/orders
dated 29/09/2022 issued by the Respondent No. 2.
..ANSARI..
Judgment 6 54wp4925.23.odt
(8) Hence, we proceed to pass following order:-
(a) The Writ Petition is allowed.
(b) The impugned communications/orders dated
29/09/2022 issued by the Respondent No. 2 - Education
Officer are quashed and set aside.
(c) The Respondent No. 2 is directed to take a fresh
decision on the proposals sent by the Petitioners Nos. 3 to 5
for grant of approval to the appointment of the Petitioner
Nos. 1 & 2, as expeditiously as possible, and in any event,
within 12 weeks from the date of receipt of this judgment.
(d) Needless to clarify that the proposals be decided on
their own merits and the decision taken be communicated
to the Petitioners, immediately.
Rule is made absolute in the above terms. No costs.
Pending Application(s), if any, stand(s) disposed of.
(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)
Signed by: A.P. ANSARI
..ANSARI..
Designation: PS To Honourable Judge
Date: 18/01/2024 11:07:55
