Kum. Prajakta Ajit Kanase v. The State Of Maharashtra Through The Secretary, School Edu. And Sports Dept. And ORS

87.WPNo.82372022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8237 OF 2022 WITH INTERIM APPLICATION (ST) NO. 18019 OF 2022 IN WRIT PETITION NO. 8237 OF 2022 Kum. Prajakta Ajit Kanase ...

Petitioner

Versus

The State of Maharashtra & Ors. ...

Respondents WITH INTERIM APPLICATION (ST) NO. 18019 OF 2022 IN WRIT PETITION NO. 8237 OF 2022 Dr. Subhlaxmi Hambirrao Patil ...

Appliant In the Matter Betwen :

Kum. Prajakta Ajit Kanase ...

Petitioner

Versus

The State of Maharashtra & Ors. ...

Respondents Mr. Prashant Bhavake, Advocate for the Petitioner. Mrs. P. G. Gavhane, AGP for the Respondents/State. Mrs. Archana Gaikwad, Advocate for the Intervenor/ Appliant.

CORAM:

S.V. GANGAPURWALA & MADHAV J. JAMDAR, JJ.

DATED :

JULY 26, 2022 P.C.

1.

The proposal seeking approval to the appointment of petitioner is rejected on two grounds. The frst is that the appointment of the petitioner is of 1st March 2019 and Gaikwad RD 1/2

87.WPNo.82372022.doc proposal is submitted after two years and the second is there is dispute amongst the members of the Management and as such, the present position is not clear. 2.

Under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act 1977, powers of appointment are detailed so also the powers of School Committee. The same has to be considered by the Education Offcer.

3.

Intervention application is fled on the ground that the Management is not made a party and the documents relied by the petitioner are forged documents.

4.

In the present writ petition, we are not going to make an enquiry into the legality of the contentions of the parties and/or documents on record.

5.

The impugned order is set aside. The Education offcer shall reconsider the proposal seeking approval to the appointment of the petitioner considering the provisions. If the Intervenor has any objection, the same shall be raised before the Education Offcer. The Education Offcer shall decide the same proposal afresh preferably within six months. The parties may point out the relevant provisions. 6.

The writ petition is disposed of. No costs.

7.

In view of disposal of writ petition, the interim application shall also disposed of.

(MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2022.07.27 15:50:56 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2