Pachora Taluka Sahakari Shikshan Sanstha Through Its Chairman And Others v. The State Of Maharashtra And Another

2024:BHC-AUG:19301-DB 980.WP.2231.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2231 OF 2022

1. PACHORA TALUKA SAHAKARI SHIKSHAN SANSTHA THROUGH ITS CHAIRMAN

2. THE HEADMASTER, S.G.S HIGH SCHOOL, PACHORA, TQ. PACHORA, DIST. JALGAON.

3. SMT. NITA ADHAR PATIL, SHIKSHAN SEVAK AT S.G.S. HIGH SCHOOL PACHORA, TQ. PACHORA, DIST. JALGAON.

VERSUS

1. THE STATE OF MAHARASHTRA THR. THE SECRETARY

2. THE EDUCATION OFFICER (SECONDARY) ZILLA PARISHAD, JALGAON ...

Advocate for the Petitioners : Mr. M.P. Tripathi h/f. Mr. Gite Umesh B. AGP for Respondents/State: Mr. A.R. Kale ...

CORAM

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

DATE : 23.08.2024 PER COURT:

Heard.

2.

Petitioner's proposal seeking approval to her appointment came to be rejected by respondent No.2 - Education Officer (Secondary), Zilla Parishad, Jalgaon vide communication dated 31.08.2021 only on the ground that the procedure as contemplated by the Government Resolution dated 23.06.2017 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 1/2

980.WP.2231.22.odt the proposal and it cannot be rejected only on the ground that procedure as contemplated by the Government Resolution was not followed. 4.

In that view of the matter, we dispose of the writ petition by quashing the communication dated 31.08.2021 and directing the respondent No.2- Education Officer (Secondary), Zilla Parishad, Jalgaon to reconsider the proposal of the petitioner for grant of approval to her appointment 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, J.) (MANGESH S. PATIL, J.) habeeb 2/2