Dapoli Education Society And ANR v. The State Of Maharashtra The The Secretary School Education And Sports And ORS

Husen 1 39 WP-4997-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4997 OF 2023 Dapoli Education Society And Anr

...Petitioner

Versus

The State Of Maharashtra And Ors.

...Respondents

**** Mr. Prashant Bhavake, for Petitioner..

Mr. Pooja Joshi Deshpande, for Respondent/State. **** by HUSENBASHA RAHAMAN NADAF Date: 2024.03.18 14:48:29 +0530 CORAM : NITIN JAMDAR & HUSENBASHA RAHAMAN NADAF M.M. SATHAYE, JJ.

DATE : 14 MARCH 2024 P.C.:

.

Heard learned counsel for the parties.

2.

Petitioner No. 1- Educational Institute, Petitioner No. 2- High School and Petitioner No. 3- employee are jointly challenging the order dated 12 October 2022 passed by Respondent No. 5 / Education Officer (Secondary), Zilla Parishad, Ratnagiri, by which the approval to appointment of Petitioner No. 3 as Shikshan Sevak is rejected.

3.

It is submitted that the impugned order is passed directly without any show cause notice about proposed grounds of rejection. It is further submitted that had an opportunity been given, the

Husen 2 39 WP-4997-2023.doc Petitioners would have given appropriate and necessary explanations to the reason stated in impugned Order for rejection. This is yet another matter, where an inquiry about the grounds of rejection are required to be done for the first time in this Court. 4.

In that view of the matter, we dispose of this petition by directing that the impugned order dated 12 October 2022 shall be treated as notice to the Petitioners of the proposed grounds of rejection. The Petitioners' proposal stands restored. If there are any other grounds on which Respondent- Education Officer intends to reject the proposal, he is directed to communicate the same to the Petitioners within a period of 3 weeks from today. 5.

The Petitioners shall thereafter submit their explanation to the proposed grounds of rejection, along with supporting material and case laws, government resolutions, orders of this Court etc. if relied upon. The Respondent- Education Officer is directed to decide the proposal thereafter, by dealing with the explanation given by the Petitioners as also dealing with case law/orders of this Court, by passing a reasoned order, within a period of 8 weeks, subject to other time bound directions.

6.

We have not expressed any opinion on the Petitioners' proposal and the same shall be decided on its own merits in accordance with law. Needless to mention that if the Respondent-

Husen 3 39 WP-4997-2023.doc Education Officer proceeds to grant proposal as prayed, consequent benefits and orders will follow, and in that case, the aforesaid procedure/directions will not apply.

7.

The writ petition is disposed of in the aforesaid terms. ( M.M. SATHAYE, J.) ( NITIN JAMDAR, J.)