Ganpat Madhukar Pathak v. The Secretary And Others
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY BENCH AT AURANGABAD.
WRIT PETITION NO.7483 OF 2015 Ganpat S/o Madhukar Pathak ... Petitioner.
Versus
The State of Maharashtra and others.
... Respondents.
...
WITH WRIT PETITION NO.7457 OF 2015 Chandrakant S/o Kailas Funde ... Petitioner.
Versus
The State of Maharashtra and others.
... Respondents.
...
WITH WRIT PETITION NO.7457 OF 2015 Ravindra S/o Dattatray Salunke ... Petitioner.
Versus
The State of Maharashtra and others.
... Respondents.
...
Mr.M.V.Dhongade, advocate holding for Mr.R.S.Shejule, advocate for the petitioners.
Mr.P.N.Kutti, A.G.P. for the State.
Mr.S.S.Kulkarni, advocate holding for Mr.R.D.Bhalerao, advocate for Respondent Nos.5 and 6.
...
CORAM : S.V.GANGAPURWALA AND SANGITRAO S. PATIL,JJ.
Date : 29.3.2017.
PER COURT :
1.
Heard.
2.
Learned counsel for the petitioners in all these petitions submits that the Head Master i.e. Respondent No.6 has submitted proposal seeking approval to the appointment of the petitioners but no decision has been taken as yet.
3.
Learned counsel for the institution submits that the proposal submitted to the authority is complete in all respect. The other persons are already accommodated in other institutions as per order of the Apex Court and the posts on which these petitioners are appointed still exist and they are appointed by following due procedure of law. The State has
filed affidavit saying that the Management without following due procedure has issued appointment in favour of all petitioners. There are material discrepancies in the proposal. Though the Management was directed to submit fresh proposal, fresh proposal is not yet submitted.
4.
The Respondent authority i.e.
Respondent No.4 shall decide the proposal submitted by the Management and/or institution seeking approval to the appointment of the petitioners expeditiously, preferably within six
(6) months on its own merits. If there are deficiencies in the proposal, the Management/institution shall comply the same. The petitioners and/or institution may represent themselves before the Education Officer.
5.
The Writ Petitions are accordingly disposed of. No costs.
(SANGITRAO S. PATIL,J.) (S.V.GANGAPURWALA,J.)
asp/office/wp7483.15