Trupti Jayantrao Lalsare v. The State Of Maharashtra And Others

1 25-WP-5867.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5867 OF 2016 Smt. Trupti d/o. Jayantrao Lalsare, Age : 30 years, Occ. Service, r/o. Flat No.1, Future Home, Satara, Tq. and Dist. Aurangabad ..Petitioner Vs.

The State of Maharashtra, Through its Principal Secretary, School Education Department, Mantralaya, Mumbai - 32 and others ..Respondents -- Mr.V.G.Salgare, Advocate for petitioner Mrs.R.P.Gour, AGP for respondent no.1 Mr.Deelip Patil-Bankar, Advocate for respondent no.2 -- CORAM : T.V. NALAWADE AND SANGITRAO S. PATIL, JJ.

DATE : MARCH 06, 2017 ORDER :

Heard.

2.

This petition is filed for giving direction to respondent nos.1 and 2 to see that the post of Part-Time Instructor in subject Arts

2 25-WP-5867.odt Education is sanctioned on the establishment of respondent nos.3 and 4.

3.

It appears that without obtaining prior permission from the Education Officer, advertisement for the said post was published by respondent no.4 which is getting grant-in-aid. The petitioner came to be appointed to the said post. 4.

The petitioner is seeking relief as per the provisions of Right of Children to Free and Compulsory Education, 2009. That has relation with the policy decision of the Government. Further, permission from the concerned authority was not obtained for publishing the advertisement and therefore, the appointment of the petitioner itself was not properly made by the employer. 5.

In view of these circumstances and the decision taken by the Government on 01.09.2015 on the representation filed by the petitioner, this Court holds that it is not possible to interfere

3 25-WP-5867.odt with the matter. The Writ Petition stands dismissed.

[SANGITRAO S. PATIL, J.] [T.V. NALAWADE, J.] kbp