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Bombay High CourtWP/3322/2023disposed off

Sonali Rama Tarade v. The State Of Maharashtra And Others

2024-08-19Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:18699-DB 136 WP 3322 23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 136 WRIT PETITION NO. 3322 OF 2023 SONALI RAMA TARADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. Wagh Shrinivas S. Addl.G.P. for Respondent No. 1 : Mr. A.R.Kale Advocate for Respondent no. 2 : Mr. V.P. Narwade Advocate for Respondent no. 3 : Mr. S.V. Dixit

CORAM

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

DATE : 19.08.2024 PER COURT:

Heard.

2.

Petitioner's proposal seeking approval to her appointment came to be rejected by respondent No.2 -Education Officer (Primary), Zilla Parishad, Ahmednagar, vide communication/order dated 14.03.2022 (Exh. 'G'), 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 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 petition by 1/2

136 WP 3322 23.odt quashing the communication dated 14.03.2022 and directing the respondent No.2-Education Officer (Primary), Zilla Parishad, Ahmednagar, 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.) mkd/- 2/2