Smt. Pratibha Ganpati Babar And ANR v. The State Of Maharashtra Thogh The Secretary
19-WP-1763-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1763 OF 2022 Pratibha Ganpati Babar, Bahadurwadi, Walwa, Dist. Sangli and ors.
... Petitioners Vs.
The State of Maharashtra and anr.
... Respondents WITH WRIT PETITION NO.5455 OF 2022 Sandip Raghunath Gorde, Bahadurwadi, Walwa, Dist. Sangli and anr.
... Petitioners Vs.
The State of Maharashtra and anr.
... Respondents Mr Narendra V. Bandiwadekar, Advocate with Mr Vinayak Kumbhar, Advocate for petitioners.
Mr S. B. Kalel, Assistant Government Pleader for respondents. CORAM :
A. S. CHANDURKAR AND G.A.SANAP, JJ.
DATED :
May 05, 2022 P.C.
Heard. Rule.
Rule made returnable forthwith and heard the learned counsel for the parties.
Learned Assistant Government Pleader waives notice for the respondents.
The challenge raised in these writ petitions is to the communication dated 06/08/2021 issued by the Education Officer (Secondary) returning the proposal for grant of approval to the 1/2
19-WP-1763-22.odt appointment of the petitioner No.1 for the reason that the said proposal should be submitted in a Camp organized for such purposes.
Perusal of the impugned order indicates that the proposal had not been considered and the same has been returned for being presented in the Camp to be held. We do not find any justification for such course of action nor the learned Assistant Government Pleader is in a position to substantiate the same. There does not appear to be any reason to postpone consideration of the proposal on its merits.
In view of aforesaid the communication dated 06/08/2021 is set aside.
The petitioner No.1 alongwith the Management shall submit a fresh proposal seeking approval to the appointment of the petitioners to the respondent No.2 within a period of fifteen days from today. The respondent No.2 shall take a decision on the same within a period of four weeks from receipt of the same in accordance with law.
Writ Petitions are disposed of in aforesaid terms. No order as to costs.
(G. A. Sanap, J.) (A. S. Chandurkar, J.) Asmita-PS 2/2