Sunanda Bhausaheb Borude v. State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:16204-DB 980 WP 8876 OF 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 980 WRIT PETITION NO. 8876 OF 2023 SUNANDA BHAUSAHEB BORUDE

VERSUS

STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Ambetkar Arvind G AGP for Respondent nos. 1 to 3 : Mr. R.S. Wani Advocate for Respondent nos. 4 & 5 : Mr. G.R. Syed ...

CORAM

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

DATE : 30.07.2024 PER COURT :

Heard.

2.

The petitioner, who is appointed by respondent no. 4-management in the respondent no. 5-school is aggrieved by the order of the Education Officer dated 24.06.2022 (Exh. 'H') refusing to grant approval to her appointment on the ground of and by referring to a government resolution dated 04.05.2020 and a circular dated 05.05.2020. 3.

Though in the affidavit in reply the Education Officer has come out with very many other grounds, her stand is that even before passing the order the queries were raised and shortcomings were notified to the management.

4.

It appears that the management has now sought to comply with the shortcomings and has forwarded a fresh proposal dated 27.02.2024. 5.

Without deciding anything on merits, it would be appropriate that the Education Officer is called upon to consider this subsequent proposal and to 1/2

980 WP 8876 OF 2023.odt decide it on its own merits.

6.

The Writ Petition is allowed partly. The impugned order is quashed and set aside. The Education Officer shall decide the proposal forwarded by the Management on 27.02.2024 on its own merits, as expeditiously as possible, and in any case within six weeks from today. ( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 2/2