Karachi Maharashtra Shikshan Prasarak Mandal, Kurla Mumbai And ORS. v. The State Of Maharashtra Through The Secretary, School Edu. Dept. And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5890 OF 2016 Karachi Maharashtra Shikshan Prasarak Mandal & ors. ...Petitioners WRIT PETITION NO. 5883 OF 2016 Katta Panchkroshi Shikshan Prasarak Mandal & ors. WRIT PETITION NO. 5884 OF 2016 The School Committee, Mahatma Gandhi Vidya Mandir High School & ors.

WRIT PETITION NO. 5886 OF 2016 Nemale Panchkroshi Shikshan Sanstha & ors.

WRIT PETITION NO. 5888 OF 2016 Talere Panchkroshi Shikshan Prasarak Mandal & ors. ...Petitioners WRIT PETITION NO. 5889 OF 2016 Karachi Maharashtra Shikshan Prasarak Mandal & ors. ...Petitioners Shubhada S Kadam 1/6

WRIT PETITION NO. 5892 OF 2016 Nerur Karyad Narur Panchkroshi Shikshan Prasarak Mandal & ors.

WRIT PETITION NO. 5893 OF 2016 Bidwadi Panchkroshi Shikshan Sanstha, Mumbai & ors. ...Petitioners WRIT PETITION NO. 5894 OF 2016 Shri Bhagavatidevi Madhyamik Shikshan Samiti & ors. ...Petitioners WRIT PETITION NO. 5895 OF 2016 Nadhwade Gram Vikas Mandal, Mumbai & ors.

WRIT PETITION NO. 5896 OF 2016 Poip Circle Education Society & ors.

WRIT PETITION NO. 5932 OF 2016 Nerur Gram Seva Mandal,Mumbai & ors.

Shubhada S Kadam 2/6

WRIT PETITION NO. 5934 OF 2016 Kalambist Panchkroshi Shikshan Prasarark Mandal Kalambist and ors.

Mr. A. V. Anturkar, senior counsel i/b. Mr.Prashant Bhavake, advocate for the petitioners.

Mr. P. P. Kakde, AGP for the State.

CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATE : 26th JULY, 2016.

P. C. :

Heard Mr. Anturkar, learned senior counsel for the petitioners and Mr. Kakde, learned AGP for the State.

2.

By an order dated 28th July, 2015, writ petition No.6963 of 2015 along with 12 connected writ petitions came to be disposed of by the Division Bench of this Court by passing a common order. The operative part of the said order reads as under:

ORDER

a) Respondent No.3- the Education Officer, is directed to decide the proposals so forwarded by the Headmaster in respect of the applications for approval filed by the respective Petitioner/s in accordance with law, as early as possible, preferably within ten weeks from today.

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b) By keeping all points open, all the Writ Petitions are disposed of.

c) Rule in all the Petitions disposed of accordingly. d) There shall be no order as to costs.

e) The parties to act on the basis of an authenticated copy of this order.

It is abundantly clear from the reading of this order that respondent No.3-the Education Officer was directed to decide the proposals forwarded by the Headmaster for approval of respective petitioner/s in accordance with law within ten weeks. 3.

In pursuance of this order, the Education Officer decided the said proposals by a common order dated 20th January, 2016. Reading of the said order makes it clear that under the garb of the above referred order, the Education Officer approved the appointment of the said petitioners, despite there being a ban imposed by the Government Resolution dated 2nd May, 2012.

4.

As a matter of fact, the High Court never directed the Education Officer to approve the said petitioners' appointment. The Shubhada S Kadam 4/6

Court only directed the Education Officer to decide the proposals in accordance with law. The order dated 20th January, 2016, makes it very clear that the Education Officer has exceeded his jurisdiction. 5.

Faced with this difficulty, Mr. Anturkar, learned senior counsel having taken instructions from his clients, stated that he has no objection if the order dated 20th January, 2016, is quashed and set-aside in its entirety and the Education Officer is directed to decide the said proposals for approval in accordance with law. 6.

Mr. Kadke, learned AGP submitted that the Education Officer who passed the order dated 20th January, 2016, is already transferred, and he has no objection, if the course as suggested by Mr. Anturkar is accepted.

7.

In view of the concession given by Mr. Anturkar, learned senior counsel and Mr Kakde, learned AGP, we dispose of the petitions by passing the following order :

1.

The common order dated 20th January, 2016, passed by the Education Officer (Secondary) Zilla Parishad Sindhudurg is quashed and set-aside. Shubhada S Kadam 5/6

2.

The Education Officer (Secondary), Zilla Parishad Sindhudurg shall decide the petitioners' proposal for approval of their appointment in accordance with law.

3.

The said proposals shall be decided as expeditiously as possible and, in any case, within a period of eight weeks from the date of receipt of this order.

4.

All rights and contentions of the respective parties are kept open.

The petitions are, accordingly, disposed of.

(ANUJA PRABHUDESSAI, J.) [RANJIT MORE, J.] Shubhada S Kadam 6/6