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Bombay High CourtWP/2562/2020disposed off

Kavita Bhaidas Shisav And Another v. The State Of Maharashtra And Others

2021-03-08Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni3 pages

1 wp 2534&2562.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 77 WRIT PETITION NO.2534 OF 2020 PRIYANKA SANJAY SONAWANE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners: Mr. Pawar Ajay D.

AGP for Respondent No.1: Mr. A. R. Kale Advocate for Respondent No. 2: Mr. M. S. Sonawane Advocate for Respondent No. 3: Mr. C. T. Jadhav ...

78 WRIT PETITION NO.2562 OF 2020 KAVITA BHAIDAS SHISAV AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners: Mr. Pawar Ajay D.

AGP for Respondent No.1: Mr. K. N. Lokhande Advocate for Respondent No. 2: Mr. M. S. Sonawane Advocate for Respondent No. 3: Mr. C. T. Jadhav ...

CORAM:S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE: 08th MARCH, 2021 PER COURT:

1.

The proposals seeking approval to the appointments of the petitioners as Shikshan Sevaks are rejected only on the ground that the same are not through Pavitra Portal.

2 wp 2534&2562.2020 2.

Mr. Pawar, learned Counsel for the petitioners submits that the petitioners were appointed in the year 2016 and 2017. At that time, the Pavitra Portal was not in operation.

3.

Mr. Sonawane, learned Counsel for respondent no. 2 / Education Officer (Primary), Zilla Parishad, Jalgaon submits that, in fact, the appointments are required to be made through the Pavitra Portal. The Education Officer has not committed any error while passing the impugned order.

4.

Under order dated 15.10.2019 in Writ Petition No. 10270 of 2019 this Court had specifically observed that the Pavitra Portal was activated in June-2018 and the same has become operative from 20.06.2018.

5.

We have, in Writ Petition No. 12701 of 2018, under order dated 02.07.2019 observed as under: "5. We have specifically asked the learned AGP as to when the Pavitra Portal became operative. The learned AGP, on instructions, submits that the same became operative on 20.06.2019. The Pavitra Portal modalities

3 wp 2534&2562.2020 were introduced and finalized, whereas, according to the learned Counsel for the petitioner and Management, Pavitra Portal is activated in January-2019."

6.

The appointments of the petitioners were prior to Pavitra Portal became operative. In light of that the reasons given for rejecting the proposals for approval does not appear to be proper.

7.

The impugned orders are quashed and set aside. The Education Officer (Primary), Zilla Parishad, Jalgaon shall decide the proposals seeking approval to the appointments of the petitioners afresh, on it's own merits and the same shall not be rejected on the ground on which the impugned orders are passed. The same shall be decided within six (06) months.

8.

Writ Petitions are accordingly disposed of.

No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] marathe