Bombay High CourtWP/8009/2022disposed off

Dnyaneshwar Nivrutti Talpade And ANR v. The State Of Maharashtra Thr. Secretary School Education Dept. And ANR

2022-09-15Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2022.09.16 17:45:59 +0530 CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE WRIT PETITION NO. 8009 OF 2022 Dnyaneshwar Nivrutti Talpade and Anr ..... Petitioners Vs.

The State of Maharashtra and Ors.

..... Respondents Mr. N.V.Bandiwadekar i/b Ms.Ashwini N. Bandiwadekar for the Petitioners Mr.S.B.Kalel, A.G.P. for the State

CORAM:

S.V.GANGAPURWALA & R.N.LADDHA, JJ.

DATED :

SEPTEMBER 15, 2022 P.C.

The proposal seeking approval to the appointment of the Petitioner as a Head Master is rejected.

We have heard the learned counsel for the Petitioner and the learned A.G.P.

Earlier person appointed as Head Master Mr.Tayade Hiraman Chindu could not produce validity certificate. His caste claim was rejected, as no such question arises of the Management producing the approval of Mr. Tayade, as Head Master. It is submitted by Mohite 1/2

61 wp8009-22.docx Petitioner that the approval granted to the appointment of Petitioner as Assistant Teacher was submitted to the Education Officer. The G.R. dated 07.05.2021 is relied. However, the authority will have to consider the roaster point and the reservation for the post of Head Master as per the provisions of MEPS Act and Rules. If as per the roaster point, post is reserved for ST then person from ST candidate will have to be promoted as Head Master.

Authority will have to check whether any other person from ST category is senior to the Petitioner. The person from other reserved category or general category will not have right to the post. These aspects will have to be considered.

Impugned order is quashed and set aside. Education Officer shall re-consider the proposal in light of the observation made above and shall decide afresh preferably within four months. It is submitted that Petitioner was given signing authority. Same shall continue till the proposal is decided.

Writ Petition is disposed of. No costs.

(R.N.LADDHA, J.) (S.V. GANGAPURWALA, J.) Mohite 2/2