Rahul Ravindranath Upadhyay And ANR. v. The State Of Maharashtra Through Its Secretary And ANR.

6-aswp5062-2019.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5062 OF 2019 Rahul Ravindranath Upadhyay & Another ...

Petitioners.

V/s.

The State of Maharashtra, through its Secretary & Another ...

Respondents.

Mrs. A.N. Bandiwadekar, for the Petitioners.

Mr. S.B. Kalel, AGP, for Respondent Nos. 1 & 2 - State. CORAM : SUNIL B. SHUKRE, AND AMIT BORKAR, JJ.

DATE : 23rd FEBRUARY 2022.

P.C. :

1.

Heard. Rule. Rule made returnable forthwith. Heard finally by consent.

2.

It is not in dispute that Petitioner No. 1 is working as Shikshan Sevak in the school which is run by Petitioner No. 2, Minority Institution. It is also not in dispute that Petitioner No. 2 is a Minority Institution. We are, therefore, of the view that the proposal received by Respondent No. 2 seeking approval to the appointment by ATUL GANESH KULKARNI Date:

2022.02.24 10:31:40 +0530 of the Petitioner No. 1 as Shikshan Sevak would have to be ATUL GANESH KULKARNI considered and decided by the Respondent No. 2 at the earliest 1 / 2

6-aswp5062-2019.doc bearing in mind this aspect.

3.

The petition is partly allowed. Respondent No. 2 is directed to decide the proposal dated 20th December 2018 received by him from Petitioner No. 2 seeking approval to the appointment of Petitioner No. 1, in accordance with law and bearing in mind the fact that Petitioner No. 2 is a Minority Institution, at the earliest and in any case within eight weeks from the date of receipt of this order. 4.

In case approval is granted to the appointment of Petitioner No. 1, Shalarth ID shall be allotted to Petitioner No 1 without any further delay and salary grants would also be accordingly released at the earliest.

5.

The Writ Petition is disposed of accordingly. No costs. (AMIT BORKAR, J.) (SUNIL B. SHUKRE, J.) 2 / 2