Raut Swati Jayprakash v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 WRIT PETITION NO.8175 OF 2021 RAUT SWATI JAYPRAKASH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Shivaji T. Shelke AGP for Respondent / State : Mrs. V.N. Patil - Jadhav Advocate for Respondent No.3 : Mr. Shrinivas S. Wagh ...

CORAM : MANGESH S. PATIL & SANDEEP V. MARNE, JJ.

DATE : 29-09-2022 PER COURT :

.

Heard both the sides.

2.

The petitioner is aggrieved by the order passed by the respondent - Education Officer (Secondary) dated 25.05.2021 refusing to grant approval to her appointment for the reasons mentioned therein.

3.

After hearing both the sides, it is apparent that the impugned decision has been taken without following the principles of natural justice and without extending any opportunity of being heard either to the petitioner or to the respondent - Management. This Court in Writ Petition No.679 of 2019 decided on 18.09.2020 and Writ Petition No.11239 of 2021 decided on 21.06.2022, in the similar

fact situation has directed the Education Officer to reconsider the issue by extending opportunity to the employee and the Management concerned of being heard. We follow the same course. 4.

The Writ Petition is disposed of. The impugned order is quashed and set aside. The Respondent - Education Officer is directed to take decision afresh in above lines. The decision may be taken as early as possible and in any event within eight weeks. ( SANDEEP V. MARNE, J. ) ( MANGESH S. PATIL, J. ) GGP