Urdu Education Society Aurangabad Through Its Member Abdul Muqeet Abdul Waheed And Another v. The State Of Maharashtra Through Its Secretary And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
907 WRIT PETITION NO.2790 OF 2023 URDU EDUCATION SOCIETY AURANGABAD,THROUGH ITS MEMBER ABDUL MUQEET ABDUL WAHEED AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND OTHERS ...
Advocate for Petitioners : Mr. Sandip R. Sapkal. AGP for Respondent/State : Mr. P. S. Patil.
...
CORAM :
RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.
DATE :
16th March, 2023.
Per Court:
1.
The Petitioner institution is before this Court seeking permission to fill in the post of a full time librarian, which was legally filled in and occupied by a person namely Shri Mohd. Shafioddin Shamsoddin. He superannuated from employment on 30th November, 2020. The library in the said school caters to 1171 admitted students, who hail from rural, hilly and remote areas. The library has 11770 books. After the retirement of Shri Mohd. Shafioddin, the appropriate authorities have sat over the repeated requests of the Petitioners for permission to fill in the post, which is sanctioned and vacant. 2.
The learned AGP strenuously submits that there has been a ban on recruitment of posts in the State of Maharashtra in the light of
the Government Resolution dated 25th May, 2017. He then relies upon a Government Resolution dated 3rd November, 2018. Having perused the same, we find that the Government Resolution has been issued with the following object:- "
पसतुत पदांचा आकृततबंध ददनांक ०९.०८.
रोजी उचसतरीयसतचवसदमतीसमोरठेवणयातआलाअसता, तयांनीपदभरती संबंधीचेदनकषतपासणयाचेदनदरशअपरमुखयसतचव(सेवा), सामानय पशासनदवभाग, पधानसतचवलेखावकोषागारे, दवतदवभागसतचव (वयय) दवतदवभागवसतचव, उचवतंतशशकणदवभागयांचयासदमतीस ददले.
अशासकीयअनुदादनतमहादवदालयातीलररकअसलेलयाशशकक वशशककेतरपदभरतीचयाअनुषंगानेदाखलनयायालयीनपकरणेलकात घेऊन, उकसदमतीनेकेलेलयाशशफारशीददनांक१४.०९.
२०१८रोजी झालेलयाउचसतरीयसतचवसदमतीचयाबैठकीतठेवणयातआलया.
आकृततबंधअंततमकरणयापूवरकाहीबाबीचीपूतरताकरणयाचेदनदरश उचसतरीयसतचवसदमतीनेददले.
तयाचपमाणेदवदारयारचेशैकशणकहीत दवचारातघेऊन , शशककीयएकाकीररकपदेवकाहीअतयावशयक शशककेतरतांदतकररकपदेही१००टकेतसेचसहायकपाधयापकांचया ररकपदांचया४०टकेपदेभरणयासमानयताददलेलीआहे .
तयानुसार राजयातीलअकृदषदवदापीठाशीसंलदगतउचशशकणसंचालनालयाचया अतधपतयाखालीलअशासकीय अनुदादनतमहादवदालयांमधीलररक असलेलीशशककीयवशशककेतरपदेभरणयावरीलदनबरधउठवून पदभरतीकरणयासकाहीअटीवशतरचयाअधीनराहूनमानयतादेणयाची बाबशासनाचयादवचाराधीनहोती."
(emphasis supplied) 3.
The said Government Resolution dated 3rd November, 2018 has based it's decision on the strength of the students as on 1st
October, 2017. The present Petition is with regard to the solitary post of full time librarian. The Government Resolution provides that there are 1154 posts of librarian, which are sanctioned for non-Governmental Colleges on grant-in-aid basis. 991 posts were filled in as on 1st October, 2017. 163 posts of librarian were vacant. In view of the above, the Government has sanctioned permission to fill in the posts of 163 librarians.
4.
The record clearly indicates to us, in the light of the Government Resolution dated 3rd November, 2018, that the Petitioners, had a sanctioned permanent post of full time librarian, which was already filled in and was occupied by Shri Mohd. Shafioddin. As on 1st October, 2017, the post was filled in and hence, the chart in the said Government Resolution indicates 991 posts, which were filled in, naturally inclusive of this Shri Shafioddin, who, by passage of time, retired on 30th November, 2020. As such, neither a new post is created, nor are the Petitioners seeking permission for creation of a new post.
5.
The Petitioners are only praying for leave to fill in the post. Since the post was already filled in on 1st October, 2017 and fell vacant on 30th November, 2020, due to superannuation of Shri Mohd. Shafioddin, the appropriate authorities were only required to either
forward the name of the surplus eligible librarian, who could be absorbed, or permit the Petitioners to fill in the said post, as it was an existing permanent vacant post. The appropriate authorities did not budge and sat over the requests of the Petitioners for more than 2 years. The genuineness of the requests of the Petitioners, cannot be ignored in the light of the fact that the Petitioners have 1171 students from the rural, hilly and remote areas, who are desperately in need of reading material for their educational curriculum. There are 11770 books available with the institution. The students strength is more than 1000. Permission to fill in the post has become imperative. 6.
The learned Advocate for the Petitioners has placed before us a judgment recently delivered by this Court at the Nagpur Bench on 16th September, 2022 (Coram: Sunil B. Shukre and G. A. Sanap, JJ.) in Writ Petition No.1937 of 2020 (The Majilis-E-Madrasa-ESaifiya and another Vs. The State of Maharashtra and others), wherein the Court has observed as under:- "1.
Heard. Rule. made returnable forthwith. Heard finally by consent.
2.
The only reasons given for refusing permission to start recruitment process is of ban on the recruitment. Such ban, it is the settled law, is not applicable to the minority institutions like the petitioner. A useful reference in this regard be made to view taken by this Court in
Ubhajo Shikshan Sanstha and ors .v/s. State of Maharashtra and ors., Writ Petition No. 2538 of 2021, decided on 16.11.2021. The impugned communication, is therefore, illegal and deserves to be quashed and set aside. Accordingly, the writ petition is allowed in terms of prayer clauses (a) and (b) provided that there are vacancies available.
3.
Rule made absolute in the above terms. No costs." 7.
In view of the above and more particularly in the light of the imminent necessity of the Petitioners to fill in the post of a full time librarian, this Petition is allowed.
8.
Since Respondent Nos.2 and 3 were sitting over the requests of the Petitioners for quite some time, we observe that the Petitioners need not approach the said authority for seeking their approval, again. By an order, we grant approval to the Petitioners to fill in the said post by following the due procedure laid down in law. If this requires approval of the backward cell / draft advertisement approval etc., the Petitioners would comply with these formalities. [ SANJAY A. DESHMUKH, J. ] [ RAVINDRA V. GHUGE, J. ] nga