Nilima Prabhudas Padvi v. State Of Maharashtra Thr Dept. Of Education And ORS

911. WP 2923.22.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2923 OF 2022 Nilima Prabhudas Padvi ... Petitioner V/s.

The State of Maharashtra and Ors.

... Respondents Mr. Chetan G. Patil a/w. Mr. Mandar Bagkar for the Petitioner Ms. P.J. Gavhane, AGP for the Respondent - State CORAM : SUNIL B. SHUKRE & G.A. SANAP, JJ.

DATE : 15 MARCH 2022 P.C. :- Heard the learned Counsel for the Petitioner and the learned AGP for Respondent Nos. 1,2 and 5, who appeared by waiving notice. There is no need to issue notice to the remaining Respondent Nos. 3 and 4 as no relief is claimed against them. 2.

Rule. Rule made returnable forthwith. Taken up for final disposal by consent of the learned Counsel for the parties. 3.

It is seen that name of the Petitioner is not being entered in Shalarth ID on the ground that one certificate regarding the Petitioner having cleared TET has not been submitted.

911. WP 2923.22.doc 4.

It must be stated here that at the stage of allotting Shalarth ID to a school employee, it is not permissible for the Deputy Director to find out any flaw in the appointment of the Petitioner and if any flaw or error is to be found out, there is a separate procedure which must be adopted by the Deputy Director of Education. This is the view taken by this Court in its judgment rendered in Writ Petition No. 8966 of 2021 ( Amol Baban Sangar v/s The State of Maharashtra and Ors.) on 21 February 2022. The facts of the Petitioner are therefore squarely covered by the said judgment.

5.

The Petition is, therefore, allowed in terms of prayer clause (a).

6.

It is directed that the name of the Petitioner shall be entered in Shalarth ID within a period of one week from the date of receipt of copy of the order. Salary be released to the Petitioner within a period of two weeks from allotting the Shalarth ID to the Petitioner.

7.

Rule is made absolute in the above terms. No costs. G.A. SANAP, J.

SUNIL B. SHUKRE, J.

by JYOTI PRAKASH PAWAR Date: 2022.03.16 11:47:49 +0530 JYOTI PRAKASH PAWAR