Meghraj Narayan Tuwar And ORS v. The State Of Maharashtra And ORS

(1) 974-wp-5143-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 974 WRIT PETITION NO.5143 OF 2019 MEGHRAJ NARAYAN TUWAR AND ORS ..PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ..RESPONDENTS ...

Mr. V. S. Panpatte, Advocate for the Petitioners. Mr. V. M. Kagne, AGP for Respondents-State.

Mr. Narendra B. Patekar, Advocate for Respondent Nos.3 to 5.

...

CORAM : S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATED : 29th AUGUST, 2019.

PER COURT:- 1.

The proposal seeking approval to the appointment of petitioners is rejected on two grounds 1) It is submitted belatedly and 2) on the ground of Government Resolution dated 23.06.2017. 2.

According to petitioners, the appointments are made in the year 2013 after making applications to Education Officer, issuance of advertisement and by following selection process.

3.

According to learned A.G.P., the selection process is not followed and there are other deficiencies.

(2) 974-wp-5143-2019 4.

The impugned order does not deal with any such ground. It is only on the two grounds as referred to above, the proposal is rejected.

5.

The Education Officer is required to satisfy himself about the procedure being adhered to while appointing the petitioners. The proposal cannot be rejected on the ground of Government Resolution dated 23.06.2017, as the appointment is said to have been made in the year 2013.

6.

Considering the above, the impugned order is quashed and set aside. The Education Officer shall decide the proposal seeking approval to the appointment of petitioners afresh on its own merits, in accordance with law and shall not reject it on the ground of Government Resolution dated 23.06.2017.

The same shall be decided expeditiously and preferably within a period of four (04) months.

7.

Writ Petition is disposed of. No costs.

(ANIL S. KILOR) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/August-19