Mrs. Ashvini Raghunath Dohale v. The State Of Maharashtra Through The Secretary , School Edu. Dept. And ORS

Husen 1 37 WP-135-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 135 OF 2024 Mrs. Ashvini Raghunath Dohale

...Petitioner

Versus

The State of Maharashtra And Ors.

...Respondents

.......

Mr. Sagar A. Mane, Advocate for Petitioner.

Mr. V.M. Mali, AGP for Respondent Nos. 1 to 3. .......

CORAM : NITIN JAMDAR & M.M. SATHAYE, JJ.

by HUSENBASHA RAHAMAN NADAF Date: 2024.01.17 14:32:04 +0530 HUSENBASHA RAHAMAN NADAF DATE : 10 JANUARY 2024 P.C.:

.

Heard learned counsel for the parties.

2.

Petitioner/Employee, working as Assistant Teacher with Respondent No. 5 - School run by Respondent No. 4 - Management, is seeking direction to decide her pending approval with the Respondent No. 3 - Education Officer, Zilla Parishad, Palghar. Learned counsel for the Petitioner submits on instructions, that though Respondent Nos. 4 & 5 are not Co-Petitioners with her, they are supporting the cause of the Petitioner till today. We proceed on the basis of said statement.

3.

It is submitted that the Petitioner's proposal is pending from January 2023.

Husen 2 37 WP-135-2024.doc 4.

In view of said pendency of the proposal, the Respondent No.3 / Education Officer is directed to communicate its proposed grounds of rejection of approval to the Respondent/ Educational Institute, if any, within a period of 3 weeks from today. The Respondent/Educational Institute shall thereafter submit its explanation to the proposed grounds of rejection, along with supporting material including orders of this Court, GRs etc, if relied upon.

5.

The Respondent/Education Officer is thereafter directed to decide within 8 weeks, the pending proposal by dealing with the explanation and material submitted by the Respondent/Educational Institute and pass a reasoned order, subject to other time bound directions.

6.

We have not expressed any opinion on the merits of the Petitioner's proposal and the same shall be decided on its own merits in accordance with law. Needless to mention that if the Respondent/ Education Inspector proceeds to grant approval, the aforesaid procedure/directions will not apply.

7.

The writ petition is disposed of in the aforesaid terms. ( M.M. SATHAYE, J.) ( NITIN JAMDAR, J.)