Sarika Vasantrao Late v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3983/2014 Sarika D/o Vasantrao Late Age 30 years, Occu-service R/o Majalgaon, Tq. Majalgaon Disst.Beed.

..PETITIONER

Versus

1] The State of Maharahstra Through the Secretary School Education Department Manatralaya, Mumbai 2] The Secretary Maheshwari Shikshan Prasarak Sanstha Majalgaon Tq.Majalgaon, Dist.Beed 3] The Education Officer(Primary) Zilla Parishad Beed Dist.Beed 4] In-Charge Head Master Varad (Rajasthani) Primary School Majalgaon Tq.Majalgaon, Dist.Beed ..RESPONDENTS ...

Mr. S.M.Vibhute,Adv. for petitioner Mr. G.K.Thigale,AGP for State.

Mr.S.S.Manale,Adv. for R.2.

...

{2} CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

DATE : 5th January, 2015.

P.C. :

Mr.Vibhute, learned counsel for the petitioner submits that the Education Officer time and again directed respondentmanagement to forward the proposal of the present petitioner for the post of Head Master as the petitioner is the seniormost teacher. The management did not abide by said directions of the Education Officer and the Education Officer subsequently considering the fact that the petitioner is seniormost teacher granted approval to the petitioner for the post of Head Master. However, the respondent-management is not allowing the petitioner to function as Head Master though the petitioner is the seniormosst teacher in the school.

2] Mr.Manale, learned counsel submits that the Education Officer cannot grant any approval to present petitioner unless the proposal is forwarded by the management. In the present case, management has not forwarded proposal of the petitioner to Education Officer, as such the Education Officer could not have granted approval to the petitioner as Head Master of respondentinstitution. 3] We have considered submissions canvassed by the learned counsel for respective parties. It is for the management to appoint Head Master and to forward proposal seeking approval to the appointment of particular person as Head Master. No doubt the

{3} communication is placed on record wherein the Education Officer has asked the management to forward proposal of the petitioner for the post of Head Master being seniormost teacher. The Education Officer could not have directly granted approval without there being any proposal.

4] Considering the above, we pass following order : A] The respondent-management shall forward the proposal of the qualified person for the post of Head Master to the Education Officer considering the seniority and other relevant aspects within a period of four weeks from today. B] Writ Petition is accordingly disposed of. No costs. V.L.ACHLIYA,J.

S.V.GANGAPURWALA,J.

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