Bhushan Dashrath Patil And Another v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:14100-DB 1 916.WP-4623-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4623 OF 2024

1. BHUSHAN S/O DASHRATH PATIL

2. DEEPAK S/O DHANRAJ KALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Barlinge Sudhir Raghunath AGP for Respondents/State : Mr. K.N. Lokhande ...

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

DATE : 11 JULY 2024 PER COURT :

.

Heard.

2.

The petitioners are aggrieved by the fact that the proposals for their appointments as Shiskshan Sevak by the respondent no.3/management in the respondent no.4/school have been turned down by the respondent no.2/Education Officer only on the ground that the appointments were not made through Pavitra Portal. 3.

Considering the fact that we have already had an occasion to examine this aspect in several matters to demonstrate that Pavitra Portal was in fact not operational till recent past and even concession was given in the year 2021 for appointment of teaching and nonteaching staff on contractual basis, indicating that even the State

2 916.WP-4623-2024.doc Government was not sure as to how to go about the Pavitra Portal issue, we have disapproved similar orders refusing to grant approvals only on the ground that the recruitment was not through Pavitra Portal.

4.

In the light of above, it would be imperative for respondent no.2/Education Officer to reconsider the proposal on its own merits and take appropriate decision in accordance with law without raising any objection regarding appointments being not through Pavitra Portal.

5.

The writ petition is allowed partly. The impugned order is quashed and set aside.

6.

The matter is remanded back to the respondent no.2 who shall pass a fresh order on its own merits for granting approval or otherwise to the petitioners for their appointments as Shikshan Sevak, however it shall not be rejected for the reasons mentioned in the impugned order.

7.

The decision shall be taken as early as possible and in any case within eight weeks.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb..