Vilas Dattu Bhot And Another v. State Of Maharashtra And Others

1 WP 5282/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5282 OF 2015 Vilas Dattu Bhot, Aged 34 years, Occupation Service, A/p & Tq. Akole, District Ahmednagar Petitioners Anil Nivrutti More, Aged 35 years, Occupation Service, Resident of Chas, Taluka Akole, District Ahmednagar V E R S U S The State of Maharashtra, through the Principal Secretary, School Education Department, Mantralaya, Mumbai - 32 Respondents The Education Officer [Secondary], Zilla Parishad, Ahmednagar Mula Gramin Shikshan Sanstha, A/p:

Pimpalgaon Khand, Taluka Akole, District Ahmednagar, Through it's President and/or Secretary Mr. Shivaji T. Shelke, Advocate for the petitioners Mr. P.J. Bharad, AGP for respondent nos.1 and 2/State Mr. S.K. Shinde, Advocate for respondent no.3 CORAM : A. V. NIRGUDE & V. K. JADHAV, JJ.

DATE : 28th August, 2015 ORAL JUDGMENT [Per: A.V. Nirgude, J.] :- 1.

Heard.

2 WP 5282/2015 2.

Rule. Rule made returnable forthwith.

3.

Heard the learned counsel for the parties.

4.

This petition challenges order dated 2nd February, 2015, passed by the Education Officer, Secondary, Zilla Parishad, Ahmednagar, refusing approval to appointment of petitioners as Teachers of a School which is not aided one. This order appears to be contrary to the Law. On 7th January, 2015, this Court clearly held that the Government cannot insist that the reservation policy should be followed even prior to the date of application for granting aid. The Division Bench further mentioned that such insistence would be contrary to the judgment of the Supreme Court in the case of Ashok Kumar Thakur vs. Union of India [2008] 6 SCC 1. It appears that the impugned order was passed without paying attention to the law. Therefore, the impugned order appears to be illegal. 5.

The writ petition is partly allowed in terms of following order :- 1] The impugned order is set aside.

2] The Education Officer Secondary, Zilla Parishad, Ahmednagar, is directed to re-consider the application seeking petitioners' approval in the light

3 WP 5282/2015 of judgment, referred to above, and in the light of Government Resolution dated 27th May, 2003, within four weeks.

( V.K. JADHAV, J. ) ( A.V. NIRGUDE, J. ) SRM/28/8/15