Mohamad Moinoddin Mohamad Rashid And Another v. The State Of Maharashtra And Others

2024:BHC-AUG:17007-DB 30 WP 8232 OF 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 WRIT PETITION NO. 8232 OF 2024 MOHAMAD MOINODDIN MOHAMAD RASHID AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. Panpatte V. S. AGP for Respondent nos. 1 to 3 : Mr. V.M. Jaware Advocate for Respondent nos. 4 to 6 : Mr. I.D. Maniyar ...

CORAM

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

DATE : 05.08.2024 PER COURT : ( SHAILESH P. BRAHME, J.) Heard both the sides.

2.

The petitioners are challenging the distinct orders dated 27.12.2022, passed by the Education Officer, rejecting their proposals for the reason that the procedure contemplated by the government resolution dated 10.06.2022 was not followed while appointing them in the respondent-school. It appears that objective scrutiny of the proposals has not been made by the Education Officer.

3.

We have been consistent in our view that it is imperative for the Education Officer to undertake objective scrutiny and the proposal cannot be rejected just on the ground that the procedure for appointment through Pavitra Portal as contemplated by the government policy is not followed. 3.

We dispose of the writ petition.

4.

The impugned orders are quashed and set aside. Respondent no. 31/2

30 WP 8232 OF 2024.odt Education Officer (Secondary), Zilla Parishad, Nanded, shall undertake scrutiny of the proposals afresh and decide it within a period of four weeks from today, but he shall not reject the same on the self-same grounds as mentioned in the impugned orders.

( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 2/2