Bombay High CourtWP/3844/2021disposed off

Yateemkhana And Madrasa Anjuman Khairul Islam Trust And 4 ORS v. The State Of Maharashtra Through Govt. Pleader High Court (O. S.) And 2 ORS

2022-09-06Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

60 wp3844-21.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TRUSHA TUSHAR MOHITE ORDINARY ORIGINAL CIVIL JURISDICTION TRUSHA TUSHAR MOHITE Date: 2022.09.10 16:48:58 +0530 WRIT PETITION NO. 3844 OF 2021 Yateemkhana and Madrasa Anjuman Khairul Islam Trust and Ors.

..... Petitioners Vs.

State of Maharashtra & Ors.

..... Respondents Mr. N.V.Bandiwadekar a/w Mr.Rahul S. Kadam for the Petitioners Mr.S.B.Gore, A.G.P. for the State / Respondent no.1 Mr.Burhan Bukhari a/w Ms.Vandana Mahadik for MCGM / Respondent nos.2 and 3

CORAM:

S.V.GANGAPURWALA & R.N.LADDHA, JJ.

DATED :

SEPTEMBER 6, 2022 P.C.

The Petitioners had submitted the proposal seeking approval to the appointment of the Petitioner nos.4 and 5 as 'Shikshan Sevak'. Communication is made to the Petitioner by the authority that the procedure shall be followed as per the scale under reference in the said letter.

We have heard the learned Counsel for the Petitioner and Respondents.

Mohite 1/2

60 wp3844-21.docx The Petitioner nos.1 and 2 claim to be minority institution. The G.R. issued by the Government prescribes that the minority institution cannot be directed to absorb surplus candidates against their choice. Minority Institution certainly cannot be directed to absorb surplus candidates. However, the minority institutions are also required to consider the qualification of the persons to be appointed, maintenance of the teacher / pupil ratio. The proposal for approval cannot be rejected on the ground that the surplus candidates are available and they are required to be absorbed.

In light of that, we set aside the impugned communication and direct the authority to reconsider the proposal seeking approval to the appointment of the Petitioner afresh. Same shall not be rejected on the ground that the surplus candidates are required to be absorbed. Same shall be decided expeditiously preferably within four months.

Writ Petition is disposed of. No costs.

(R.N.LADDHA, J.) (S.V. GANGAPURWALA, J.) Mohite 2/2