Khan Humera Mohammed Khan Anwar And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1376 OF 2019 KHAN HUMERA MOHAMMED KHAN ANWAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. Quadri Taher Ali, Advocate for the petitioners Mr. S.S.Dande, AGP for the respondent/State.

CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

31.01.2019 P.C. :- 1.

Heard learned counsel for the petitioners.

2.

On the backdrop of the fact that the proposal is pending before respondent No.2-the Director of Education (Primary), Maharashtra State from more than a year.

3.

The petition is taken up for hearing disposal at the admission stage.

4.

These petitioner Nos.1 and 2, namely, Khan Humera D/o. Mohammed Khan Anwar and Shaikh Naveed Mohammad s/o Abu Mohammad were appointed on the post fallen vacant due to retirement of the earlier teachers. The Deputy Director of Education was also informed with a request to grant permission to the appointment by communication dated 28.02.2017. At Exh.'C' copy of the approval granted to continuity of services as 'Shikshan Sevak' to the petitioners is placed on record. It is not in dispute that the education Institute running respondent No.3-The Deputy Director of Education, School Education Department (Primary) is a minority Institute.

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Petitioner No.3 submitted proposal to respondent No.4-The Education Officer (Primary) Zilla Parishad, Aurangabad for entering the names of petitioner Nos.1 and 2, in the process introduced by the State Government under the caption 'Shalarth Pranali'. All the necessary documents are also submitted. The communication dated 29.08.2017 and the copy of communication dated 29.08.2017 are placed on record show that the necessary documents were submitted to the Education Officer (Primary) and there is also Shalarth ID number provided to the Institute. Petitioner No.3 submitted reminder/ representation to the Director of Education (Primary) on 10.10.2018. In spite of the reminder/ representation, no decision is taken by respondent No.2.

6.

This being the limited grievance, the petition can be disposed of with directions to respondent No.2 to take decision on the proposal submitted to him for entering the names of petitioner Nos.1 and 2 under the 'Shalarth Pranali' process as expeditiously as possible and not later than 12 weeks from the date of order of this Court.

7.

With above directions, the petition is disposed of.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] / .19 ssp Jan /wp1376.19