Shri. Shivanand Yallappa Teli v. The State Of Maharashtra Through The Secretary, School Edu. And Sports Dept. And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7847 OF 2022 Shri.Shivanand Yallappa Teli
...Petitioner
Versus
The State of Maharashtra Thr. The Secretary, School Edu. & Sports Dept. & Ors.
...Respondents
WITH WRIT PETITION NO.7848 OF 2022 WITH WRIT PETITION NO.7849 OF 2022 by NILAM SANTOSH KAMBLE Date: 2022.07.08 12:27:17 +0530 NILAM SANTOSH KAMBLE WITH WRIT PETITION NO.7851 OF 2022 WITH WRIT PETITION NO.7853 OF 2022 Shri.Nilambika Basaveshwara Shikshan Sanstha & Ors.
...Petitioners
Versus
The State of Maharashtra Thr. The Secretary, School Edu. & Sports Dept. & Ors.
...Respondents
---- Mr.Prashant Bhavake, for the Petitioners in all Petitions. Mr.V.M. Mali, AGP, for the Respondent-State in all Petitions. ---- CORAM : S.V. GANGAPURWALA & S.M. MODAK, JJ.
DATE : 5 JULY 2022 P.C:- .
The learned counsel for the Petitioner submits that in N.S. Kamble page 1 of 3
all these matters the Petitioners are appointed prior to 04-05-2020. The proposal is rejected only on the ground of GR dated 04-05-2020 wherein the directions were given not to fill the post.
2.
If the appointment of the Petitioner is prior to 04-05-2020, then in that case the GR dated 04-05-2020 would not apply to the appointment. In light of that, the impugned orders are quashed and set aside.
3.
It is further contended that the Petitioner is appointed in minority institution.
4.
Be that as it may, as an appointment of the Petitioners is prior to GR dated 04-05-2020, proposal of the appointment of the Petitioner cannot rejected on the ground of GR dated 04-05-2020.
5.
In light of that, the impugned orders are quashed and set aside. The Education Officer shall reconsider the proposal seeking approval to the appointment of the Petitioner afresh. The same shall be decided expeditiously, preferably within six months. The same shall not be rejected on the basis of GR dated 04-05-2020.
N.S. Kamble page 2 of 3
6.
The Writ Petition is disposed of. No costs.
(S.M. MODAK, J.) (S.V. GANGAPURWALA, J.) N.S. Kamble page 3 of 3