Harsha Shantaram Sapkale v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:19797-DB 1 WP / 9312 / 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 WRIT PETITION NO. 9312 OF 2024 HARSHA SHANTARAM SAPKALE

VERSUS

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

Advocate for petitioner : Mr. Vinod P. Patil AGP for the respondent - State : Mr. V.M. Jaware ...

CORAM

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

DATE : 29 AUGUST 2024 PC :

Leave granted to amend the petition. Amendment to be carried out forthwith.

2.

We have heard both the sides.

3.

Petitioner's proposal seeking approval to his appointment came to be rejected by respondent No. 4 - Education Officer (Secondary ) Zilla Parishad, Jalgaon vide communication dated 11-102023 only on the ground that the procedure as contemplated by the Government Resolution dated 23.06.2017 was not followed. 4.

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

2 WP / 9312 / 2024 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.

5.

In that view of the matter, we dispose of the petition by quashing the communication dated 11-10-2023 and directing the respondent No. 4 - Education Officer (Secondary), Zilla Parishad, Jalgaon to reconsider the proposal of the petitioner for grant of approval to his 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 ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/