Bombay High Court
Nayeem Akhtar Gouse Mohiuddin ... vs The State Of Maharashtra Through Prin. ... on 7 October, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge, M.M. Sathaye
TRUPTI
SADANAND2024:BHC-AS:39890-DB
BAMNE
Digitally signed by
TRUPTI SADANAND
BAMNE
Date: 2024.10.09
10:45:40 +0530
Trupti 1 15-wp-16547-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 16547 OF 2023
Nayeem Akhtar Gouse Mohiuddin Sherpyade
Age: 28 years, Occupation: Service,
R/at Anjanwel, District Ratnagiri ... Petitioner
versus
1. The State of Maharashtra
Through Principal Secretary
Department of School Education
Having Office at Mantralaya, Mumbai
2. The Deputy Director of Education,
Kolhapur Division, Kolhapur
3. The Education Officer (Secondary)
Zilla Parishad, Ratnagiri,
District Ratnagiri
4. United Education Society,
Anjanwel, Taluka Guhagar,
District Ratnagiri) Through
President/ Secretary
5. New Bharat Urdu High School
Anjanwel, Taluka Guhagar,
District Ratnagiri,
Through its Head Master ... Respondents
....
Mr.Chetan Patil i/b. Mr.Mandar G.Bagkar for the Petitioner.
Ms. Nisha Mehra, AGP for Respondent Nos. 1 to 3-State.
Mr.Bhushan Jadhav for Respondent Nos. 4 and 5.
....
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CORAM : RAVINDRA V. GHUGE &
M.M. SATHAYE, JJ.
DATE : 7TH OCTOBER 2024
ORAL JUDGMENT (Per: Ravindra V. Ghuge, J.)
1. Rule. Rule made returnable forthwith and heard finally by
the consent of parties.
2. The Petitioner has put forth prayer clauses (a) and (b) as
under :
"(a) That this Hon'ble Court may be pleased to
issue a writ of certiorari or any other appropriate
writ, order or direction thereby quashing and
setting aside the impugned Order dated
26-09-2023 issued by Respondent No.3 herein
(being Exhibit "F" hereto) and further be pleased
to direct Respondent No.3 to grant approval to the
appointment of Petitioner on the post of Shikshan
Sevak in Respondent No.5 School with effect from
01-10-2022.
(b) That this Hon'ble Court may be pleased to
issue a writ of mandamus or any other appropriate
writ,order or direction thereby directing
Respondent No. 2 to enter the name of the
Petitioner in the Shalarth Pranali and issue
Shalarth Identity to Petitioner and further direct
the Respondents to release grant in aid for the
payment of monthly honorarium/ salary to the
Petitioner from the date of his appointment i.e.
01-10-2022 with all consequential benefits".
3. Having considered the strenuous submissions of the learned
Trupti 3 15-wp-16547-2023.odt
Advocates for the respective sides and having perused the affidavit in
reply, dated 17th January, 2024 filed by Smt.Survarna Shivaji Sawant,
Education Officer (Secondary), Zilla Parishad, Ratnagiri, we find that
impugned order dated 26th September, 2023 refusing to grant approval to
the Petitioner's appointment, is primarily supported by the contents of
the affidavit in reply, more specifically paragraphs 2 and 3.
4. The employer of the Petitioner published an advertisement
in daily Ratnagiri Times, on 22nd September, 2022. The interviews of the
Applicant candidates were held on 28th September, 2022. The decision of
the selection committee was accepted by the Management and the
Petitioner was appointed on 1st October, 2022 as a Shikshan Sevak. A
Shikshan Sevak has to put in three years of service before becoming an
Assistant Teacher. By the impugned order dated 26 th September, 2023,
the Education Officer has taken exception on the ground that the
Government Resolution dated 6th February, 2012, with regard to the
manner of the recruitment process as prescribed, was not followed. We
find this reason to be as vague as it is.
5. There are no details set out, save and except, a reference to
the Government Resolution dated 6th February, 2012. Second ground
supported by the learned AGP on the basis of the affidavit in reply, is that
Trupti 4 15-wp-16547-2023.odt
the circular was issued by the Education Department on 5 th May, 2020
declaring that recruitment should not be conducted until further orders.
We are informed by the learned AGP that this was in view of the Covid
pandemic.
6. There is no dispute that the Petitioner is fully qualified. He
has a Teachers Eligibility Test (TET) qualification. He had applied for
the post of a Shikshan Sevak for mathematics, in tune with the
advertisement that was published. Affidavit in reply filed by the
Education Officer indicates that Government Resolution dated 6th
February, 2012 expects a gap of fifteen days between the date of
advertisement and the date of interview.
7. This is an issue which has to be followed by all the
Managements. In any case, the interviews having been held on 28 th
September, 2022 would not strike at the root of the selection of the
Petitioner. This could have been a lapse on the part of the Management.
The Management can be warned that henceforth, in whichever selection
process undertaken by the Management, it shall ensure that a gap
between the date of publishing of the advertisement and the date of the
interview, should be at least fifteen days. This would not make the
Petitioner's selection bogus and illegal. The Education Officer has
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canvassed that the Government Resolution dated 10th June, 2022 would
require the Management to publish it's advertisement in daily 'Prahaar'
and daily 'Ratnagiri Times'.
8. In our view, the advertisement in the case in hand, was
published in Ratnagiri Times, which is said to have a large circulation in
District Ratnagiri. Non-publication of the advertisement in Daily
Prahaar, would not convince us to set aside the selection of the
Petitioner, who is otherwise qualified and there is no issue with regard to
the requisites that he possess.
9. The Education Officer, though has been silent in the
impugned order, has taken a ground in the affidavit in reply, that the
Government Resolution dated 28th August, 2015, more specifically,
clause 2.3.2 requires a group of subjects to be formed, for the purpose of
selecting candidates for imparting education in the 9 th and 10th standard.
The first group is as regards languages, the second is as regards
Mathematics and Science subjects and the third pertains to Social
Science.
10. In this backdrop, we have perused the advertisement which
clearly indicates that advertisement was for the group of Mathematics
Trupti 6 15-wp-16547-2023.odt
and Science. In this view of the matter, the said ground would also not
be sustainable. The statement made in paragraph 5 of the affidavit in
reply, by the Education Officer, that the vacancy was only for Social
Science group, is also not borne out from the impugned order.
Nevertheless the learned Advocate for the Petitioner has placed a copy of
Annexure -A with title vYila[;kad laLFkse/;s fjDr vYila[;kad inkaph ekfgrh
¼vuqnkfur½ and which is signed by the Headmaster (three pages). The
said Annexure -A is taken on record and marked 'X' for identification.
Insofar as the educational institution at issue is concerned, the vacancy is
clearly shown for the subject of Mathematics.
11. In view of above, this Writ Petition is allowed in terms of
prayers clauses (a) and (b).
12. Rule is made absolute in the above terms.
( M.M. SATHAYE, J.) ( RAVINDRA V. GHUGE, J.)
