Ms. Swapnagandha Sambhaji Kamble v. President/Secretary, Agrani Shikshan Prasarak Mandal And ORS.

BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4256 OF 2017 Ms. Swapnagandha Sambhaji Kamble ..Petitioner

Versus

President/Secretary, Agrani Shikshan Prasarak Mandal Shri. Virbhadra Krishi Vidyalaya, Siddhewadi, Tal. Tasgaon, Dist. Sangli and others ..Respondents Mr. Kishor Patil i/by Aarti P. Bhide, Advoate for the Petitioner. Mr. S. B. Kalel, AGP for Respondent Nos.3 and 4. CORAM: B. R. GAVAI & B. P. COLABAWALLA, JJ.

DATE: 1st FEBRUARY, 2018 P.C.:- 1] Rule. Rule is made returnable forthwith. Respondents waive service. Heard, by consent of parties.

2] Petitioner has approached this Court with a grievance that, though a proposal for grant of approval to the Petitioner's appointment which was made in the year 2013 has been forwarded by Respondent Nos. 1 and 2 to Respondent No.3, the same is not decided. 3] Respondent No.3 has filed his reply. It is stated in the reply that, 1/3

approval was not granted since appointment of the Petitioner has been made in contravention of Government Resolution dated 2nd May, 2012, which has imposed a ban on appointment.

4] The issue is no more res integra. Division Bench of this Court in a bunch of Writ Petitions, leading Writ Petition being Writ Petition No. 8587 of 2016 (Smt. Munoli Rajashri Karabasappa vs. State of Maharashtra & Ors) has observed thus :

"9. In the result, the Writ Petitions are allowed and impugned orders are quashed and set aside. The Respondents - Education Officers are directed to examine independent cases and grant approval to each of the teachers who fall in the following three categories:- (a) Where the recruitment process is already commenced prior to GR dated 2nd May, 2012;

(b) where the appointments made for filling up vacancies in English, Mathematics and Science;

(c) where the recruitment is made to fulfill the backlog of reserve categories candidates;"

It is not in dispute that, appointment of the Petitioner has been made to fulfill the backlog of scheduled caste category. 2/3

5] In that view of the matter, case of the Petitioner is squarely covered by judgment of this Court dated 10/07/2017 (cited supra). 6] Petition is therefore allowed by directing Respondent No.3 to grant approval to the appointment of the Petitioner as Shikshan Sevak with effect from 23/07/2013 for a period of three years. Needless to state that, upon completion of the said period of three years, Petitioner shall be granted approval as Assistant Teacher. 7] Rule is made absolute in the aforesaid terms. (B. P. COLABAWALLA, J. ) (B. R. GAVAI, J. ) 3/3