Ganesh Kashinath Salunkhe v. The State Of Maharashtra Thr. Secretary School Education And Sports Dept. And ORS
by ANANT KRISHNA NAIK Date:
2024.04.04 18:41:41 +0530 ANANT KRISHNA NAIK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1800 OF 2022 Ganesh Kashinath Salunkhe
...Petitioner
Versus
The State Of Maharashtra And Ors
...Respondents
WITH WRIT PETITION NO 4460 OF 2022 Manoj Manohar Jadhav
...Petitioner
Versus
The State Of Maharashtra And Ors
...Respondents
WITH WRIT PETITION NO 9877 OF 2022 Dinesh Dattaram Zagade
...Petitioner
Versus
The State Of Maharashtra And Ors
...Respondents
WITH WRIT PETITION NO 187 OF 2024 Rohitrao Sarjerao Jambhale ......Petitioner
Versus
The State Of Maharashtra And Ors
...Respondents
1/7
WITH WRIT PETITION NO 16161 OF 2023 Atul Arun Surmukh ....Petitioner
Versus
The State Of Maharashtra And Ors
...Respondents
WITH WRIT PETITION NO 9230 OF 2022 Shri Mahesh Ramesh Giri
...Petitioner
Versus
The State Of Maharashtra And Ors
...Respondents
WITH WRIT PETITION NO 9269 OF 2022 Smt. Smita Anant Gaikwad ......Petitioner
Versus
The State Of Maharashtra And Ors
...Respondents
WITH WRIT PETITION NO 9273 OF 2022 Naresh Vijay Matvankar ......Petitioner
Versus
The State Of Maharashtra And Ors
...Respondents
WITH WRIT PETITION NO 12314 OF 2019 Smt. Deepali Amit Shinde (Nee Kanhopatra Maruti Gade)
...Petitioner
Versus
The State Of Maharashtra And Ors
...Respondents
2/7
Mr Prashant Bhavake for the Petitioners in all Petitions. Mr. Sushant A. Khatake i/b. Mr. Utkarsh S. Desai for the Respondent Nos. 6 & 7 in all Petitions Mr. M. M. Pabale, AGP for the Respondent Nos 1 to 3 in WP/1800/2022 and WP/4460/2022.
Mr. S. B. Kalel, AGP for the Respondent Nos. 1 to 3 in WP/9877/2022 and WP/187/2024.
Mr. N. M. Mehta, AGP for the Respondent Nos. 1 to 3 in WP/16161/2023 and WP/9230/2022.
Mr. V. M. Mali, AGP for the Respondent Nos. 1 to 3 in WP/9269/2022 Ms M. S. Bane, AGP for the Respondent Nos. 1 to 3 in WP/9273/2022 Ms R. A. Salunkhe, AGP for the Respondent Nos. 1 to 3 in WP/12314/2019 CORAM : NITIN JAMDAR & M. M. SATHAYE, JJ.
DATED : 3 APRIL, 2024 P.C.:
.
Heard learned counsel for the parties. These petitions involve common argument about impugned orders and hence being disposed off by common order. Necessary details for passing common order are as below.
W.P. No.
Management/ Respondent Nos.
Proposal for approval to appointment of Petitioner as Impugned Order dated Impugned Order passed by WP/ 1800/2022
6. Gramin Vikas Shikshan Sanstha
7. Swa. Dadasaheb Undalkar Madhya.
Vidyalaya, Undale Junior Clerk 16-11-2018 Respondent No. 5The Education Officer (Secondary), Zilla Parishad, Satara 3/7
W.P. No.
Management/ Respondent Nos.
Proposal for approval to appointment of Petitioner as Impugned Order dated Impugned Order passed by WP/ 4460/2022
6. Vyapari Paisa Fund Society
7. Paisa Fund English School and Junior College of Science, Ratnagiri Junior Clerk 6-5-2020 Respondent No. 5The Education Officer (Secondary), Zilla Parishad, Ratnagiri WP/ 9877/2022 6.Nayashi, Kalambhushi Va Vaderu Panchkroshi Shikshan Prasarak Mandal
7. H.B.P Shri A.B.
Sawant Madhyamik Vidyalaya, Chiplun Junior Clerk 3-12-2021 Respondent No. 5The Education Officer (Secondary), Zilla Parishad, Ratnagiri WP/ 187/2024
6. Ashoka Shikshan Sanstha
7. Hira- Ram Girls High School, Ichalkaranji Junior Clerk 16-11-2022 Respondent No. 5The Education Officer (Secondary), Zilla Parishad, Kolhapur WP/ 16161/202
6. Mayani Bhag Shikshan Prasarak Mandal
7. Vatsalabai Gudage Kanya Prashala, Mayani Lab. Assistant 27-9-2022 Respondent No. 5The Education Officer (Secondary), Zilla Parishad, Satara WP/ 9230/2022
6. Mandangad Taluka Vikas Mandal 7.Dr. Babasaheb Ambedkar High School & Junior College, Mandangad Shikshan Sevak 31-10-2018 Respondent No. 5The Education Officer (Secondary), Zilla Parishad, Ratnagiri 4/7
W.P. No.
Management/ Respondent Nos.
Proposal for approval to appointment of Petitioner as Impugned Order dated Impugned Order passed by WP/ 9269/2022
6. Mandangad Taluka Vikas Mandal 7.Dr. Babasaheb Ambedkar High School & Junior College, Mandangad Shikshan Sevak 31-10-2018 Respondent No. 5The Education Officer (Secondary), Zilla Parishad, Ratnagiri WP/ 9273/2022
6. Mandangad Taluka Vikas Mandal 7.Dr. Babasaheb Ambedkar High School & Junior College, Mandangad Shikshan Sevak 31-10-2018 Respondent No. 5The Education Officer (Secondary), Zilla Parishad, Ratnagiri WP/ 12314/201
6. Arunakhore Panchkoshi Shikshan Sanstha (Het)
7. New English School, Het Shikshan Sevak 17-5-2019 Respondent No. 5The Education Officer (Secondary), Zilla Parishad, Sindhudurg 2.
Respective petitioners/ employees working with respective Respondent Management / School, are challenging the respective impugned Orders under which, their respective proposals are rejected by the respective Respondent Education Officers. Learned counsel for the Petitioners state that there is no internal dispute in the respective Respondent Managements and they are supporting the cause of the Petitioners. We proceed on the basis of said statement. 5/7
3.
It is submitted that the impugned orders are passed without any show cause notice and had an opportunity been given, the respective Petitioners / Respondent Managements would have given appropriate and necessary explanation/s to reasons stated in impugned orders for rejecting proposals. It is further submitted that in Writ Petition Nos. 9230/22, 9269/22 and 9273/22, the Petitioners were given specific notice of hearing on 31 October 2018 but without specifying objections and when the concerned Petitioners and common Management went to attend the meeting, without giving opportunity, the impugned orders were passed.
4.
Perused the impugned Orders. They have resulted in a situation where inquiry about the grounds of rejection are required to be done first time in this Court.
5.
In that view of the matter, we dispose of these petitions by following order.
A) The respective impugned orders will be treated as notices to respective Respondent Managements of the proposed ground/s for rejection of Petitioners' proposals, which stand restored. Also affidavits of reply filed by the respective education authorities, if any, will be treated as their prima facie opinions. B) If there are any other grounds on which the respective Respondent 6/7
Education Officers intend to return or reject the proposals, they are directed to communicate the same to the respective Respondent Managements within a period of 3 weeks from today. C) Respective Respondent Managements shall thereafter submit their explanation to the proposed grounds, along with supporting material including government resolutions, case laws / orders of this Court etc. if relied upon.
D) Respective Respondent Education Officers are directed to decide the Petitioners' proposals thereafter within a period of 8 weeks, by dealing with the explanation given by the Managements as also dealing with case law/orders of this Court, by passing a reasoned orders, subject to other time bound directions. E) We have not expressed any opinion on the Petitioners' proposals and the same shall be decided on its own merits in accordance with law. Needless to mention that if the respective Respondent Education Officers proceed to grant proposals as prayed, consequent benefits and orders will follow, and in that case, the aforesaid procedure/directions will not apply. F) The writ petitions are disposed of in the aforesaid terms. (M. M. SATHAYE, J.) (NITIN JAMDAR, J.) 7/7