Peoples Education Soc. Thr. President And ORS v. The State Of Maharashtra Thr. Secretary School Education And Sports Dept. And ORS

32. WP 8098 of 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8098 OF 2022 Peoples Education Soc. Thr.

President and Ors.

...Petitioners

vs.

The State of Maharashtra Thr. Secretary School Education and Sports Dept. and Ors.

...Respondents

***** Mr. Prashant Bhavake - Advocate for the Petitioners Mr. V. M. Mali - AGP for the Respondent-State ***** CORAM :

S.V. GANGAPURWALA AND S. M. MODAK, JJ.

DATE :

11th JULY, 2022 P. C. :- 1.

In this matter the proposal seeking approval to the appointment of the Petitioner No. 3 was rejected only on the ground that as per the relevant Government Resolution the proposal ought to be submitted in the camp.

2.

We cannot fathom such a reasoning. The Education Officer ought to have considered the proposal on its own merits, instead of directing the institution to submit the proposal in the camp. 3.

It is also submitted that the Petitioner is minority institution. In that view of the order, Government Resolution dated 06th February 2012 does Seema 1/2 SEEMA KSHITIJ YELKAR by SEEMA KSHITIJ YELKAR Date: 2022.07.14 11:24:04 +0530

32. WP 8098 of 2022.doc not apply.

4.

In light of that, the impugned order is quashed and set aside. The Education Officer shall reconsider the approval of appointment of the Petitioner No. 3. The same shall be decided on its own merits and in accordance with law, preferably within six months. 5.

Writ Petition is disposed of. No costs.

[S. M. MODAK, J.] [S.V. GANGAPURWALA,J.] Seema 2/2