Young Boys Education And Industrial Circle Dhule Through Its President And Others v. The State Of Maharashtra And Others

960.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 960 WRIT PETITION NO. 721 OF 2017 YOUNG BOYS EDUCATION AND INDUSTRIAL CIRCLE DHULE THROUGH ITS PRESIDENT AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Barde Parag Vijay AGP for Respondents State: Mrs. V. H. Patil

CORAM

: S. V. GANGAPURWALA & K. L. WADANE, JJ.

DATE :

23rd February, 2017 ORDER:

1.

The proposal seeking approval to the appointment of the petitioners 3 and 4 as non teaching staff has been rejected. Mr. Barde, the learned counsel submits that since four years, there was no Camp at Dhule. The appointment letters are signed by the Secretary of the School Committee. The said aspect has not been considered by the Education Officer.

2.

The learned AGP states that as per procedure, appointment letter should have been signed by the Competent Officer and also the same should have been submitted in the Camp.

3.

It is stated that there is no Camp held in Dhule for four years. The Education Officer has observed 1/2

960.odt the power to appoint employees vests with the School Committee. The appointment orders are placed on record. It shows that the same are signed by the Secretary of the School committee. As such, the said objection of the Education Officer was incorrect.

4.

Considering the above, the impugned order is quashed and set aside.

5.

The respondent Education Officer shall reconsider the proposal submitted to him for approval to the appointment of the petitioner Nos. 3 and 4, expeditiously, preferably within four months on its on merits and shall not reject it on the ground on which the impugned order is passed.

6.

Writ petition is accordingly disposed of. No costs.

(K. L. WADANE, J.) (S. V. GANGAPURWALA, J. ) JPC 2/2