Alan Albert Fernandes v. State Of Maharashtra Thr. Dept. Of School Education And ORS
1 25-2-WP-1764-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1764 OF 2022 Vijaykumar Kashinath Kalshetti ..Petitioner V/s.
The State of Maharashtra & Ors.
..Respondents WITH WRIT PETITION NO.1769 OF 2022 Dhanaji Mhaku Doltade ..Petitioner V/s.
The State of Maharashtra & Ors.
..Respondents WITH WRIT PETITION NO.1754 OF 2022 Alan Albert Fernandes ..Petitioner V/s.
The State of Maharashtra & Ors.
..Respondents WITH WRIT PETITION NO.1748 OF 2022 Datta Maruti Palkar ..Petitioner V/s.
The State of Maharashtra & Ors.
..Respondents ---- Mr. Chetan G. Patil a/w. Mr. Mandar G. Bagkar for the Petitioners. Mr. N. K. Rajpurohit, AGP for the Respondent-State. ----
2 25-2-WP-1764-22.doc CORAM : SUNIL B. SHUKRE AND AMIT BORKAR, JJ.
DATE : 21 FEBRUARY 2022.
P. C.
Leave to amend in Writ Petition Nos.1764/2022 and 1769/2022 to incorporate necessary pleadings and prayers regarding passing of the impugned order during pendency of the Petitions is granted. Amendment be carried out forthwith.
2.
Heard. Rule. Rule is made returnable forthwith by consent of the parties.
3.
The facts not in dispute in these Petitions are regarding dates of appointment of the Petitioners and dates/approval of their appointment as Shikshan Sevak/Assistant Teacher. 4.
The details of these Petitioners concerning their dates of appointment, date of approval, date of impugned order and post at which the approval were granted are given in tabular form as follows: Name Writ Petition Post Date of appointment Approval Impugned No.
date order date Mr. Vijaykumar Kashinath Kalshetti 1764/2022 Shikshan Sevak/ Assistant Teacher 1/12/2012 23/3/2021 / 10/6/2021 13/8/2021 Mr. Dhanaji Mhaku Doltade 1769/2022 Shikshan Sevak/ Assistant 1/10/2013 23/3/2021 / 10/6/2021 13/8/2021 Digitally signed by RAJESHWARI SUBODH KARVE Date:
2022.02.25 18:23:30 +0530 RAJESHWARI SUBODH KARVE
3 25-2-WP-1764-22.doc Teacher Name Writ Petition Post Date of appointment Approval Impugned No.
date order date Mr. Alan A.
Fernandis 1754/2022 Shikshan Sevak/ Assistant Teacher 14/6/2021 20/8/2021 12/10/2021 Mr. Datta M.
Palkar 1748/2022 Shikshan Sevak/ Assistant Teacher 1/1/2021 2/7/2021 12/10/2021 5.
However, when it comes to inclusion of their names in the Shalarth system, the Deputy Director , Education saw some irregularity in their appointment and therefore, by impugned order refused to enter their names in the Shalarth system.
6.
In Writ Petition No.8966/2021 we have already taken a view that while considering the names of school employees for their inclusion in Shalarth system, the Deputy Director, Education has no authority to reopen the issue of grant of approval to the appointment of school employees in unfavourable manner or otherwise and that he cannot go beyond the parameters prescribed in the Government Resolution dated 7/11/2012. The facts of these Petitions are similar to the facts of the said Petition and therefore, the issue involved in all these Petitions would be covered by the decision rendered by us today in Writ Petition No.8966/2021.
4 25-2-WP-1764-22.doc 7.
The Petitions are therefore allowed in terms of prayer clause (a) for the same reasons as stated in Writ Petition No.8966/2021. We further direct that names of all the Petitioners be included in the Shalarth system, in accordance with law at the earliest. (AMIT BORKAR, J.) (SUNIL B. SHUKRE, J.)