Netaji Subhashchandra Bose Shikshan And Others v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:17876-DB 1 WP / 8559 / 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 WRIT PETITION NO. 8559 OF 2024 NETAJI SUBHASHCHANDRA BOSE SHIKSHAN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Advocate for petitioner : Mr. M.P. Tripathi AGP for the respondent - State : Mr. V.M. Jaware ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 13 AUGUST 2024 PC :

Heard.

2.

Petitioners' proposals seeking approval to their appointments came to be rejected by the respondent No. 3 - Education Officer (Secondary) Zilla Parishad, Nanded vide communication dated 23 November 2023 only on the ground that the procedure as contemplated by the Government Resolution dated 20.06.2018 was not followed. 3.

We have already taken a view by order dated 10.06.2024 in Writ Petition No. 13150 of 2022 in the matter of Shaikh Jaweria Khadarsab Vs. The State of Maharashtra and others that the Education Officer/Deputy Director of Education has to conduct objective scrutiny of the proposal and it cannot be rejected only on the ground that procedure as contemplated by the Government Resolution was not followed.

2 WP / 8559 / 2024 4.

In that view of the matter, we dispose of the petition by quashing the communication dated 23 November 2023 and directing the respondent No.3- Education Officer (Secondary) Zilla Parishad, Nanded to reconsider the proposals of the petitioners for grant of approval to their appointments on its own merits. The decision shall be taken as expeditiously as possible and in any case within a period of four (04) weeks from today. However, same shall not be rejected on the grounds mentioned in the impugned communication.

[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/