Mrs. Bhosale Rupali Sachin ( Ms. Shinde Rupali Vishnu) And ANR. v. The State Of Maharashtra Through The Secretary School Education Department, And ANR.

BGP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12868 OF 2017 1] Mrs. Bhosale Rupali Sachin (Ms. Shinde Rupali Vishnu) 2] Shri. Narayanrao Babasaheb Education Society ..Petitioners

Versus

The State of Maharashtra and another ..Respondents Mr. N. V. Bandiwadekar I/by Mr. S. A. Mane, Advocate for the Petitioners.

Mr. S. B. Kalel, AGP for Respondents/State.

CORAM: B. R. GAVAI & M. S. KARNIK, JJ.

DATE: 19th OCTOBER, 2018 ORAL JUDGMENT: (Per B.R. Gavai, J.) 1] Rule. Rule is made returnable forthwith. Heard by consent of parties.

2] By way of the above Petition, Petitioner No.1 who is a teacher and Petitioner No.2 - Education Society have approached this Court being aggrieved by refusal by the Respondent - Deputy Director of Education to grant approval to the appointment of the Petitioner No.1. 1/3

The Petitioner No.1 has not been granted approval on the ground that in view of Government Resolution dated 02/05/2012, there was a ban on recruitment of teachers and as such, appointments made by the management are illegal.

3] Mr. S. B. Kalel, learned AGP appearing on behalf of Respondents - State, has vehemently opposed the Petition. 4] The issue is no more res integra. The Division Bench of this Court while deciding Writ Petition No.8587 of 2016 with connected Writ Petitions vide its judgment dated 10th July, 2017 has observed in para 7 as under:- "7. In that view of the matter, we find that in view of subsequent GRs and in view of the view taken by Division Bench of this Court, the ban would not be applicable to three categories, one where the recruitment process is already commenced prior to GR dated 2nd May, 2012, second, in so far as the appointment made for the subjects of English, Maths and Science are concerned and third, where the recruitment is made to fulfil the backlog of reserved category candidates."

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5] Undisputedly, Petitioner No.1 who is appointed to teach English with effect from 08/07/2015 and as such, she is squarely covered by the judgment of Division Bench of this Court, cited supra. 6] In that view of the matter, the Petition is allowed. The impugned order dated 15/05/2017 is quashed and set aside. Respondents are directed to grant approval to the appointment of the Petitioner No.1 from the date of her appointment i.e. 08/07/2015 as a Shikshan Sevak for three years and thereafter as Assistant Teacher and to pay the Petitioner No.1 her regular salary from the month of November, 2018 and all arrears of salary from the date of appointment of the Petitioner No.1 till October, 2018 shall be cleared within a period of three months from today.

7] Rule is made absolute accordingly.

(M. S. KARNIK, J.) (B. R. GAVAI, J.) 3/3