Anjuman Faroge Taleem Dhule Through Its President v. The State Of Maharashtra Through The Depurty Direcotr Of Education And Another

7374.23wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 WRIT PETITION NO.7374 OF 2023 ANJUMAN FAROGE TALEEM DHULE THROUGH ITS PRESIDENT

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE DEPUTY DIRECTOR OF EDUCATION AND ANOTHER ....

Mr Ajay S. Deshpande, Advocate for Petitioner; Mr S. G. Karlekar, A.G.P. for Respondent No.1 Mr N. N. Desale, Advocate for Respondent No.2 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 17th July, 2023 PER COURT:

1.

Two issues are raised before us. Firstly that, because the proposal of granting approval to the appointment of the Headmistress is pending since October 2022, she is unable to exercise her jurisdiction in administering the school in all respects. Secondly, in view of the said uncertainty, the salaries of all other employees of the school are not being processed. 2.

Shri. Desale, the learned Advocate is on the Panel of the Zilla Parishad, Dhule. We, therefore, requested him to cause his appearance. On instructions, he submits that, the senior most

7374.23wp (2) teacher, Smt. Shamsunnisa Abdul Ajeej is facing certain legal issues about her service. Hence, the next senior most teacher in the school would be entrusted with the task of forwarding the monthly bills of all employees of the school, so as to clear the monthly salary bills. The pending proposal for approval to the appointment of the Headmistress has already been forwarded to the Deputy Director.

3.

The learned A.G.P. submits that, Respondent No.1 would arrive at a decision on the said proposal by considering the entire record and proceedings and by following the due procedure laid down in law, within 45 days.

4.

We record the above statement and in the light of the same, this petition is disposed off.

5.

We direct Respondent No.2, to ensure that the senior most teacher next to Smt. Shamsunnisa Abdul Ajeej, is granted the authority to forward the bills within 15 days, so that the pending salaries of the employees of the school would be cleared. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk