Piraji Naggonda Bhandare And Another v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:15941-DB 952 WP 7855 OF 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 WRIT PETITION NO. 7855 OF 2024 PIRAJI NAGGONDA BHANDARE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Panpatte V. S. AGP for Respondent nos. 1 to 4/State : Mr. P.P. Dawalkar

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 26.07.2024 PER COURT : ( SHAILESH P. BRAHME, J.) Heard both the sides finally.

2.

The petitioners are aggrieved by rejection of their proposals vide order dated 16.04.2024 passed by respondent no. 3-Education Officer (Secondary). Only reason cited by the authority is that the procedure contemplated in the government resolution dated 23.06.2017 has not been followed.

3.

In view of the decision in the matters of Shaikh Jaweria Khadarsab v. The State of Maharashtra in Writ Petition No. 13150 of 2022 dated 10.06.2024, as well as Lalit s/o Sureshrao Shinde in Writ Petition No. 4420 of 2021, it would be mandatory upon the Eduction Officer to consider the proposals objectively. Procedure for Pavitra Portal as contemplated by the government resolution dated 23.06.2017 has not been put to effective use. There is no objective scrutiny of the proposals of the petitioners. Under such circumstances, we deem it proper to relegate the matter to the respondent no. 3-Education Officer to consider the proposals afresh, on their own merits.

1/2

952 WP 7855 OF 2024.odt 4.

The writ petition is allowed partly. The impugned order is quashed and set aside. Respondent no. 3-Education Officer shall reconsider the proposals and decide them on their own merits. The decision shall be taken within a period of four weeks from today. The proposals shall not be rejected on self same ground mentioned in the impugned communication. ( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 2/2