Smt. Manisha Hasmukh Bari v. The State Of Maharashtra Thru The Secretary, School Edu. And Sports Dept. And ORS

904.WPNo.18842020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1884 OF 2020 Manisha Hasmukh Bari ...

Petitioner

Versus

The State of Maharashtra & Ors. ...

Respondents Mr. N. V. Bandiwadekar i/b. Mr. Prashant Bhavake, Advocate for the Petitioner.

Mr. N. C. Walimbe, AGP for the Respondent Nos.1 to 5.

CORAM:

S.V. GANGAPURWALA & MADHAV J. JAMDAR,JJ.

DATED :

JUNE 8, 2022 P.C.

1.

The proposal seeking approval to the appointment of petitioner as Shikshan Sevak is rejected. We have heard the learned Advocate for the petitioner and learned AGP for the respondents/State. The only premise on which the proposal seeking approval to the appointment of the petitioner is rejected is that since the year 2015-16 the post with the respondent institution has become surplus.

2.

The petitioner claims to have been appointed on 3rd July 2012. The position as on 3rd July 2012 i.e. the date on which the petitioner was appointed will have to be considered. The affdavit in reply fled on behalf of respondent No.5 also does not bring on record any different aspect.

Gaikwad RD 1/2

904.WPNo.18842020.doc 3.

In light of the above, the impugned order is quashed and set side. The Education Offcer shall reconsider the proposal seeking approval to the appointment of petitioner. The position as on date of appointment of the petitioner will have to be considered, of course the Education offcer is entitled to consider other relevant aspects of the matter such as adhering to the provisions under Section 5 of the Maharashtra Employees Of Private Schools (Conditions Of Service) Regulation Act, 1977, roaster and qualifcation. The said proposal shall be decided expeditiously. 4.

The writ petition is accordingly disposed of. No costs. (MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.06.10 16:43:17 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2